Source: All England Reporter
Publisher Citation: [2012] All ER (D) 79 (Jan)
Court: Employment Appeal Tribunal
Judge:

Judge Clark, Baroness Drake and Mrs A Gallico
Representation Chris MacNaughton (instructed by EAD Solicitors, Liverpool) for P.
  Richard Hitchcock (instructed by Thompsons Solicitors) for A.
  Catherine Rayner (instructed by Gelbergs Solicitors) for G.
  GWK did not appear and was not represented.
  James Goudie QC and Holly Stout (instructed by EMW Picton Howell LLP, Milton Keynes) for IBC and Premier.
Judgment Dates: 21 December 2011

Catchwords

Employment - Transfer of trade, business or undertaking - Continuity - Employees being employed on first respondent employer company's assembly line producing products for used by third respondent - Employer closing down - Third respondent contracting with second respondent for provision of products formerly produced by employees - Employees claiming that there had been a service provision change - Employment tribunal finding no service provision change - Whether tribunal erring - Transfer of Undertakings (Protection of Employment) Regulations 2006, and .

The Case

Employment Transfer of trade, business or undertaking. The Employment Appeal Tribunal dismissed the employees' appeals against the finding of the employment tribunal that there had not been a transfer pursuant to reg3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, , as reg3(3)(b) of the Regulations had applied precluding such a transfer in the circumstances of the instant case.

Practice Areas

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