Curling & Ors v Securicor Ltd & Anor [2001] EWCA Civ 358 (27 February 2001)

Curling & Ors v Securicor Ltd & Anor [2001] EWCA Civ 358 (27 February 2001)

There was no material change in the law between the EAT decision and Dines; the principles for determining a transfer of undertaking remained consistent. The prior decisions covered both statutory and contractual redundancy entitlements, and Securicor was estopped from re-litigating these issues. The exception to issue estoppel did not apply.

Citation
[2001] EWCA Civ 358
Parties
Claimants/respondents: Mr D Curling & Others; Defendants/appellants: Securicor Limited; Defendants/appellants: Group 4 Total Security Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Issue Estoppel, Res Judicata, Transfer of Undertakings (tupe), Redundancy Payments, Contractual Supplementary Payments
Employment Law Civil Procedure Issue Estoppel Res Judicata Transfer of Undertakings (tupe) Redundancy Payments Contractual Supplementary Payments

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Parties

Mr D Curling & Others

Claimants/respondents

Securicor Limited

Defendants/appellants

Group 4 Total Security Limited

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Preliminary Issue

Legal Issues

  1. 1 Whether Securicor is estopped from denying redundancy and transfer of undertaking due to prior Employment Tribunal and EAT decisions
  2. 2 Whether a change in law (Dines v Initial Health Care Services Ltd) creates an exception to issue estoppel
  3. 3 Whether the prior decisions cover contractual supplementary payments as well as statutory redundancy payments

Ratio Decidendi

There was no material change in the law between the EAT decision and Dines; the principles for determining a transfer of undertaking remained consistent. The prior decisions covered both statutory and contractual redundancy entitlements, and Securicor was estopped from re-litigating these issues. The exception to issue estoppel did not apply.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the Employees against Securicor in the consolidated action
  • Summary assessment of costs: Claimants' costs reduced to £9,000; Group 4's costs reduced to £6,000