| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 138 (Sep) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Ansell, Mr T Haywood and Ms P Tatlow |
| Representation | Benjamin Uduje (instructed by Weightmans LLP) for the employer. |
| Peter Edwards (instructed by Thompsons Solicitors) for the first employee. | |
| Emmet Coldrick (instructed by the Bar Pro Bono Unit) for the second employee. | |
| Judgment Dates: | 4 August 2009 |
Catchwords
Employment - Continuity - Transfer of trade, business or undertaking - Employees being employed under catering contract - Contract losing money - Employer failing to renegotiate contract - Contract taken over by another company - Judge finding employee's contracts did not transfer - Whether tribunal erring - Transfer of Undertakings (Protection of Employment) Regulations 1981, , s 3(1)(b).
The Case
Employment Continuity. The Employment Appeal Tribunal held that the employment tribunal had adopted the proper approach and had not erred in holding that the employees' contracts had not transferred under the service provision changes contained in regulation 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 1981, (TUPE).
Practice Areas
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