EAT TRANSFER OF UNDERTAKINGS
The principles and approach which a Tribunal should take where there has been a transfer of one service provider’s activities to two or more transferees, and there is disagreement as to whether an employee’s contract is now to be with the transferor or any of the transferees, considered. The Tribunal had decided that where employees were dismissed, it was permissible to decide that the rights and obligations under this contract should be apportioned on a percentage basis between transferees. This was held an error. The Tribunal should have applied the approach in Botzen, adopted where there was a transfer of an undertaking under the 1981 Regulations, to a change of service provider under the 2006 Regulations.
Judges:
Langstaff J
Citations:
[2008] UKEAT 0488 – 07 – 2504, [2008] ICR 1030, [2008] IRLR 682
Links:
Statutes:
Transfer of Undertakings Protection of Employment Regulations 2006, Interpretation Act 1978 6
Jurisdiction:
England and Wales
Citing:
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv ECJ 7-Feb-1985
ECJ Article 3(1) covered the rights and obligations of the transferor arising from a contract of employment or an employment relationship existing on the date of the transfer and entered into with employees who, . .
Cited – Duncan Webb Offset (Maidstone) Ltd v Cooper and Another EAT 15-Jun-1995
A company owned subsidiary companies in the printing industry at Maidstone, Basildon and St Albans. Three employees worked for the group. The Maidstone business was transferred in a transfer to which the 1981 Regulations applied. The three employees . .
Cited by:
Cited – Clearsprings Management Ltd v M Ankers and others EAT 24-Feb-2009
EAT TRANSFER OF UNDERTAKINGS
Whether relevant transfer by way of SPC (TUPE 2006, reg 3(1)(b) and (3). The Employment Tribunal entitled to find that service provided by putative transferor too fragmented to . .
Cited – Metropolitan Resources Ltd v Churchill Dulwich Ltd and Others EAT 24-Jun-2009
metro_churchillEAT2009
EAT TRANSFER OF UNDERTAKINGS: Transfer
Migrant Helpline, on behalf of the Home Office; had a contract with Churchill Dulwich Ltd – in Liquidation (‘CD’) by which CD provided accommodation to asylum seekers. . .
Cited – Ward Hadaway Solicitors v Love and Others (Rev 1) EAT 25-Mar-2010
EAT TRANSFER OF UNDERTAKINGS: Service Provision Change
When the NMC after competitive tender gave a new contract for future solicitors’ regulatory services to Capsticks, and none of the work in progress was . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 17 July 2022; Ref: scu.269767