Transfer of Undertakings : Transfer – PRACTICE AND PROCEDURE – Admissibility of evidence
In the context of a putative TUPE transfer which was a ‘service provision change’ the Employment Judge had to decide on the intention of the ‘client’ in relation to the condition set out in Regulation 3(3)(a)(ii).
In doing so he expressly declined to make any findings about or take into account events subsequent to the service provision change which were potentially relevant circumstances in considering what inference to draw as to the client’s intention at the time of the change. That was an error of law which may have affected the result.
Appeal allowed and the matter remitted to the Employment Judge to make appropriate findings of primary fact on subsequent events and to reconsider his conclusion on the client’s intention in the light of further submissions.
Shanks HHJ
[2015] UKEAT 0133 – 15 – 2611
Bailii
England and Wales
Employment
Updated: 07 January 2022; Ref: scu.556004