Thomas and others v On Reflection Ltd and others: EAT 1 Feb 2006

EAT Tribunal found (i) no transfer of undertaking between employer A, owned by B, and employer C owned by C and in part by B’s wife and (ii) employer A was not a stable economic entity. The appeal was based on alleged misdirection – which we did not accept – and, for the most part, on perversity arguments. The circumstances were certainly suspicious; the Tribunal took that into account; it reached a factual conclusion that there had been no transfer which were, on the findings, permissible options. Appeal dismissed.


Burke J QC


UKEAT/0300/05 and UKET/0550/05, [2006] UKEAT 0300 – 05 – 0102


Bailii, EAT


Updated: 05 July 2022; Ref: scu.240239