Charington & Lomax Mobility Ltd & Ors [2006] NIIT 524_04 (16 February 2006)

Charington & Lomax Mobility Ltd & Ors [2006] NIIT 524_04 (16 February 2006)

There was a relevant transfer of an economic entity under Regulation 5 of the 1981 Regulations. The claimants' contracts of employment transferred automatically to the third-named respondent, who is liable for their employment rights. The business retained its identity after transfer, and the differences cited by the third-named respondent were insufficient to displace the finding of a transfer.

Citation
[2006] NIIT 524_04
Parties
Claimant: Colin Charington; Claimant: William Ross Adams; Respondent: Lomax Mobility Ltd; Respondent: Thompson Care Ltd; Respondent: Shiloh Mobility Ltd
Jurisdiction
Northern Ireland
Judgment Date
16 February 2006
Procedural Posture
Industrial Tribunal Pre Hearing Review / Preliminary Issues Determination
Outcome
Relevant transfer found; liability for employment contracts passed to third-named respondent.
Legal Topics
Transfer of Undertakings, Protection of Employment, TUPE, Employee Rights, Business Transfer
Employment Law Transfer of Undertakings Protection of Employment TUPE Employee Rights Business Transfer

Case Brief

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Parties

Colin Charington

Claimant

William Ross Adams

Claimant

Lomax Mobility Ltd

Respondent

Thompson Care Ltd

Respondent

Shiloh Mobility Ltd

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Preliminary Issues Determination

Legal Issues

  1. 1 Whether there was a relevant transfer under Regulation 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981
  2. 2 Whether the claimants' contracts of employment transferred to the third-named respondent
  3. 3 Who was the employer prior to termination

Ratio Decidendi

There was a relevant transfer of an economic entity under Regulation 5 of the 1981 Regulations. The claimants' contracts of employment transferred automatically to the third-named respondent, who is liable for their employment rights. The business retained its identity after transfer, and the differences cited by the third-named respondent were insufficient to displace the finding of a transfer.

Court Disposition

Relevant transfer found; liability for employment contracts passed to third-named respondent.

Orders

  • Responsibility for claimants' contracts of employment passed to Shiloh Mobility Ltd (third-named respondent)