Dynamex Friction Ltd & Anor v Amicus & Ors

Dynamex Friction Ltd & Anor v Amicus & Ors

The reason for the employees' dismissal was economic, as found by the Employment Tribunal, based on the administrator's independent decision due to lack of funds and absence of collusion. The administrator's reasons are determinative. There was no evidence of a device or collusion to evade TUPE. The Employment Tribunal's findings were justified and sufficient.

Parties
Appellant: Dynamex Friction Ltd; Appellant: Ferotec Realty Ltd; Respondent: Amicus; Respondent: Barton, Jones, Lamerick, Love Roberts & Williams & ors; Respondent: Secretary of State for Trade and Industry
Jurisdiction
England and Wales
Judgment Date
17 April 2008
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed (majority); decision of the Shrewsbury Employment Tribunal restored
Legal Topics
Transfer of Undertakings (tupe), Unfair Dismissal, Redundancy, Protective Awards, Interpretation of EU Directives, Collusion and Evasion of Employee Rights
Employment Law Insolvency Law Labour Law Transfer of Undertakings (tupe) Unfair Dismissal Redundancy Protective Awards Interpretation of EU Directives +1 more

Case Brief

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Parties

Dynamex Friction Ltd

Appellant

Ferotec Realty Ltd

Appellant

Amicus

Respondent

Barton, Jones, Lamerick, Love Roberts & Williams & ors

Respondent

Secretary of State for Trade and Industry

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the dismissals of employees were for an economic reason or for a reason connected with the transfer of the undertaking under TUPE.
  2. 2 Whether the administrator's independent decision or the alleged stage-management by the former director should be determinative of the reason for dismissal.
  3. 3 Whether the Employment Tribunal made sufficient findings of fact and gave adequate reasons.

Ratio Decidendi

The reason for the employees' dismissal was economic, as found by the Employment Tribunal, based on the administrator's independent decision due to lack of funds and absence of collusion. The administrator's reasons are determinative. There was no evidence of a device or collusion to evade TUPE. The Employment Tribunal's findings were justified and sufficient.

Court Disposition

Appeal allowed (majority); decision of the Shrewsbury Employment Tribunal restored

Orders

  • The appeal is allowed.
  • The decision of the Shrewsbury Employment Tribunal is restored.