BT Managed Services Ltd v Edwards & Anor [2016] EWCA Civ 679 (14 June 2016)

BT Managed Services Ltd v Edwards & Anor [2016] EWCA Civ 679 (14 June 2016)

Permission to appeal is granted because it is arguable that the Employment Tribunal applied the wrong legal test for assignment under TUPE by requiring economic contribution, which may not be supported by authority.

Citation
[2016] EWCA Civ 679
Parties
Applicant: BT Managed Services Ltd; Respondents: Edwards & Anr
Jurisdiction
England and Wales
Judgment Date
14 June 2016
Procedural Posture
Appeal / Application for Permission to Appeal From Employment Appeal Tribunal
Outcome
Permission to appeal granted
Legal Topics
TUPE, Assignment of Employees, Unfair Dismissal, Permanent Health Insurance, Employment Transfer
Employment Law TUPE Assignment of Employees Unfair Dismissal Permanent Health Insurance Employment Transfer

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Parties

BT Managed Services Ltd

Applicant

Edwards & Anr

Respondents

Procedural Posture

Appeal / Application for Permission to Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its criterion for assignment under TUPE
  2. 2 Whether economic contribution is a necessary criterion for assignment under TUPE
  3. 3 Whether Mr Edwards' contract transferred to Ericsson or remained with BTMSL

Ratio Decidendi

Permission to appeal is granted because it is arguable that the Employment Tribunal applied the wrong legal test for assignment under TUPE by requiring economic contribution, which may not be supported by authority.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal from the Employment Appeal Tribunal is granted.