Balfour Beatty Power Networks Ltd & Anor v Wilcox & Ors

Balfour Beatty Power Networks Ltd & Anor v Wilcox & Ors

The Employment Tribunal did not err in law in finding that an economic entity was transferred under TUPE; its findings that the same work was carried out by almost the same people with the same objectives, and that the operation was labour-intensive with leased assets, were permissible and adequately reasoned. The Employment Appeal Tribunal was correct to uphold the decision. The appeal is dismissed.

Parties
Claimant/applicant: Balfour Beatty Power Networks Ltd; Claimant/applicant: Interserve Industrial Services Ltd; Defendant/respondent: Mr C Wilcox & Ors
Jurisdiction
England and Wales
Judgment Date
20 July 2006
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE Regulations, Employment Contracts, Employee Rights, Fact Finding in Tribunals
Employment Law Labour Law Transfer of Undertakings TUPE Regulations Employment Contracts Employee Rights Fact Finding in Tribunals

Case Brief

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Parties

Balfour Beatty Power Networks Ltd

Claimant/applicant

Interserve Industrial Services Ltd

Claimant/applicant

Mr C Wilcox & Ors

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding a transfer of an economic entity under TUPE regulations
  2. 2 Whether the Employment Tribunal's reasoning and findings were adequate and legally sufficient
  3. 3 Whether the absence of asset transfer precluded a finding of a TUPE transfer

Ratio Decidendi

The Employment Tribunal did not err in law in finding that an economic entity was transferred under TUPE; its findings that the same work was carried out by almost the same people with the same objectives, and that the operation was labour-intensive with leased assets, were permissible and adequately reasoned. The Employment Appeal Tribunal was correct to uphold the decision. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.