Source: All England Reporter
Publisher Citation: [2002] All ER (D) 219 (Feb)
Court: Employment Appeal Tribunal

Bell J, Mr A Tuffin and Miss S Wilson

Representation Anthony Howard (instructed by Wilkinson Woodward, Halifax) for the complainants.
  Clare Grundy (instructed by Watsons, Darwen) for APL.
Judgment Dates: 15 January 2002


Employment - Continuity - Transfer of trade, business or undertaking - Contract for which complainants employed as drivers transferred to third party - Complainants employed by respondent - Respondent providing drivers to third party on sub-contract basis - Whether transfer of undertaking - Transfer of Undertakings (Protection of Employment) Regulations 1981, regs 3, 5.

The Case

An employment tribunal was entitled to conclude that there had not been a transfer of an undertaking to the respondent for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981 when a contract for which the complainants were employed as drivers was transferred to a third party, and the complainants were employed by the respondent, which invoiced the third party for the cost of providing drivers and vehicles to enable it to fulfil its obligations under the contract.

Practice Areas

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