Grainger v Lough Erne Hotel Ltd Department for Employment and ... Castle Hotels NI Ltd [2014] NIIT 00300_11IT (04 February 2014)

Grainger v Lough Erne Hotel Ltd Department for Employment and ... Castle Hotels NI Ltd [2014] NIIT 00300_11IT (04 February 2014)

There was a relevant transfer of the undertaking from Markville Trading Ltd to ACEC Enterprises Ltd on or about 30 April 2010/1 May 2010 under the TUPE Regulations. The claimant was not dismissed by Markville prior to the transfer, and continuity of employment was preserved. The temporary closure of the hotel did not break the chain of employment or prevent a relevant transfer.

Citation
[2014] NIIT 00300_11IT
Parties
Claimant: Catherine Claire Grainger; First Respondent: Lough Erne Hotel Ltd; Second Respondent: Department of Employment and Learning; Third Respondent: Castle Hotels NI Ltd
Jurisdiction
Northern Ireland
Judgment Date
04 February 2014
Procedural Posture
Industrial Tribunal (pre Hearing Review) / Preliminary Issue Determination
Outcome
Preliminary issue determined in favour of the existence of a relevant transfer from Markville Trading Ltd to ACEC Enterprises Ltd under TUPE; no finding of dismissal by Markville; continuity of employment preserved.
Legal Topics
Transfer of Undertakings (tupe), Relevant Transfer, Continuity of Employment, Dismissal, Insolvency, Employment Contracts
Employment Law Transfer of Undertakings (tupe) Relevant Transfer Continuity of Employment Dismissal Insolvency Employment Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Catherine Claire Grainger

Claimant

Lough Erne Hotel Ltd

First Respondent

Department of Employment and Learning

Second Respondent

Castle Hotels NI Ltd

Third Respondent

Procedural Posture

Industrial Tribunal (pre Hearing Review) / Preliminary Issue Determination

Legal Issues

  1. 1 Whether there was a relevant transfer of undertakings under the Transfer of Undertakings (Protection of Employment) Regulations (Northern Ireland) 2006 from Markville Trading Ltd to ACEC Enterprises Ltd or via Lough Erne Hotel Ltd;
  2. 2 Whether the claimant was dismissed in or about April/May 2010;
  3. 3 Whether the claimant was employed immediately before the transfer;

Ratio Decidendi

There was a relevant transfer of the undertaking from Markville Trading Ltd to ACEC Enterprises Ltd on or about 30 April 2010/1 May 2010 under the TUPE Regulations. The claimant was not dismissed by Markville prior to the transfer, and continuity of employment was preserved. The temporary closure of the hotel did not break the chain of employment or prevent a relevant transfer.

Court Disposition

Preliminary issue determined in favour of the existence of a relevant transfer from Markville Trading Ltd to ACEC Enterprises Ltd under TUPE; no finding of dismissal by Markville; continuity of employment preserved.

Orders

  • A further Case Management Discussion to be arranged to consider further case-management directions/orders for the determination of the claimant’s claim against the respondents.