Jackson v Computershare Investor Services Plc

Jackson v Computershare Investor Services Plc

TUPE does not entitle a transferred employee to enhanced severance pay for pre-1 March 2002 joiners where, as a fact, the employee joined the transferee after that date. The date of joining for contractual benefits is the actual date of transfer, not the original employment date with the transferor.

Parties
Appellant: Amanda Jackson; Respondent: Computershare Investor Services PLC
Jurisdiction
England and Wales
Judgment Date
30 October 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
TUPE Transfers, Redundancy Payments, Contractual Interpretation, Employee Rights
Employment Law Contract Law TUPE Transfers Redundancy Payments Contractual Interpretation Employee Rights

Case Brief

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Parties

Amanda Jackson

Appellant

Computershare Investor Services PLC

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether TUPE Regulation 5(1) entitles a transferred employee to enhanced severance pay as if she joined the transferee employer at the date of original employment with the transferor
  2. 2 Interpretation of 'joined' in the context of contractual severance terms

Ratio Decidendi

TUPE does not entitle a transferred employee to enhanced severance pay for pre-1 March 2002 joiners where, as a fact, the employee joined the transferee after that date. The date of joining for contractual benefits is the actual date of transfer, not the original employment date with the transferor.

Court Disposition

Appeal dismissed

Orders

  • Mrs Jackson's appeal is dismissed
  • The EAT's decision allowing CIS's appeal is upheld