EAT TRANSFER OF UNDERTAKINGS – TUPE. Employment Tribunal found that there had been an assignation of a lease of commercial premises from the Claimant’s father (who employed her) to the Appellants. There were no other findings relevant for TUPE purposes. The Tribunal made no findings as to whether there was an identifiable economic entity before the assignation of the lease and if so, what it was. Nor did they make any findings as to whether there was a transfer of any such economic entity. The Claimant’s case was, simply, that since the lease had transferred, there had been a ‘classic’ TUPE transfer and the Tribunal agreed with that proposition. On appeal, Tribunal held to have erred in law. Whilst TUPE can apply where there is an assignation of a lease, it requires to be shown that there was an economic entity (i.e. an organised grouping of persons and assets enabling or facilitating the exercise of an economic activity in pursuit of a specific objective) before the assignation which retained its identity afterwards. The only relevant fact found was that there was an assignation of a lease; that was insufficient to establish that TUPE applied.
Judges:
Lady Smith
Citations:
[2012] UKEAT 0058 – 11 – 1105
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459936