MacLynn v Census Financial Planning (NI)... J H Financial Planning Ltd, t/... [2013] NIIT 1384_13IT (17 December 2013)

MacLynn v Census Financial Planning (NI)... J H Financial Planning Ltd, t/... [2013] NIIT 1384_13IT (17 December 2013)

There was no persuasive evidence of a transfer of an economic entity retaining its identity between Census and JHFP, nor evidence of an organised grouping of employees for a service provision change. The employment of claimants by JHFP was not conditional on any transfer, and the facts did not satisfy the legal requirements for TUPE or SPC transfers.

Citation
[2013] NIIT 1384_13IT
Parties
Claimant: Deborah MacLynn; Claimant: Julie Cunningham; Claimant: Natasha Metcalfe; Claimant: Jemma McCracken; Claimant: Gail Black; Claimant: Zoe Anyon; Claimant: Lisa Clarke; Respondent: Census Financial Planning (NI) Ltd; Respondent: J H Financial Planning Ltd, t/a Premier Financial Planning
Jurisdiction
Northern Ireland
Judgment Date
17 December 2013
Procedural Posture
Industrial Tribunal / Interlocutory Decision on Transfer of Undertaking/service Provision Change
Outcome
All claims against JHFP dismissed; JHFP dismissed from proceedings; claims against Census to be relisted.
Legal Topics
Transfer of Undertaking, Service Provision Change, Redundancy, Unfair Dismissal, TUPE, SPC
Employment Law Transfer of Undertaking Service Provision Change Redundancy Unfair Dismissal TUPE SPC

Case Brief

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Parties

Deborah MacLynn

Claimant

Julie Cunningham

Claimant

Natasha Metcalfe

Claimant

Jemma McCracken

Claimant

Gail Black

Claimant

Zoe Anyon

Claimant

Lisa Clarke

Claimant

Census Financial Planning (NI) Ltd

Respondent

J H Financial Planning Ltd, t/a Premier Financial Planning

Respondent

Procedural Posture

Industrial Tribunal / Interlocutory Decision on Transfer of Undertaking/service Provision Change

Legal Issues

  1. 1 Whether there was a transfer of an undertaking under TUPE between Census and JHFP
  2. 2 Whether there was a service provision change under SPC

Ratio Decidendi

There was no persuasive evidence of a transfer of an economic entity retaining its identity between Census and JHFP, nor evidence of an organised grouping of employees for a service provision change. The employment of claimants by JHFP was not conditional on any transfer, and the facts did not satisfy the legal requirements for TUPE or SPC transfers.

Court Disposition

All claims against JHFP dismissed; JHFP dismissed from proceedings; claims against Census to be relisted.

Orders

  • JHFP dismissed from proceedings
  • Claims against JHFP dismissed