Civil servants had been transferred to Training and Enterprise Councils in 1990, and resigned from the Civil Service in 1993. They appealed a decision that there had not been a transfer of an undertaking, and that they had continuity of employment.
Held: The tribunal had focused on the date of transfer. Looking at the Directive rather than the Regulations, the skills of the claimants became available to the new organisation irrespective of the date of their resignation from the Civil Service, and the wording of the Directive was wide enough to allow application to a transfer which took place over an extended period of time. The appeal succeeded.
Judges:
Lord Justice Schiemann, Lord Justice Laws and Mr Justice Jackson
Citations:
Times 09-Aug-2002, Gazette 26-Sep-2002, [2002] EWCA Civ 1035, [2002] ICR 1289, [2002] IRLR 629, [2002] Emp LR 1064, [2002] 3 CMLR 15,
Links:
Statutes:
Transfer of Undertakings (Protection of Employees) Regulations 1981 (SI 1981 No 1794), Acquired Rights Directive 77/187/EEC (OJ 1977 L61)
Jurisdiction:
England and Wales
Citing:
Appeal from – Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes EAT 5-Oct-2001
The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom . .
Cited by:
Appeal from – Celtec Limited v Astley and others HL 10-Nov-2003
The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a . .
At Court of Appeal – North Wales Training and Enterprise Council Ltd v Astley and others HL 21-Jun-2006
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 06 June 2022; Ref: scu.174350