PONTICELLI LTD AGAINST A DECISION OF THE EMPLOYMENT APPEAL TRIBUNAL ANTHONY GALLAGHER [2023] ScotCS CSIH_32 (15 August 2023)

PONTICELLI LTD AGAINST A DECISION OF THE EMPLOYMENT APPEAL TRIBUNAL ANTHONY GALLAGHER [2023] ScotCS CSIH_32 (15 August 2023)

Rights and obligations under the SIP, though arising from a collateral agreement, are sufficiently connected to the contract of employment to transfer under Regulation 4(2)(a) TUPE 2006. The appeal is refused; the transferee employer must provide a scheme of substantial equivalence.

Citation
[2023] ScotCS CSIH_32
Parties
Appellant: Ponticelli Limited; Respondent: Anthony Gallagher
Jurisdiction
Scotland
Judgment Date
15 August 2023
Procedural Posture
Appeal / Final Appellate Decision
Outcome
appeal refused
Legal Topics
Transfer of Undertakings (protection of Employment) Regulations 2006, Share Incentive Plans, Employment Contract Rights, Collateral Agreements, Employee Benefits
Employment Law Labour Law Transfer of Undertakings (protection of Employment) Regulations 2006 Share Incentive Plans Employment Contract Rights Collateral Agreements Employee Benefits

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Parties

Ponticelli Limited

Appellant

Anthony Gallagher

Respondent

Procedural Posture

Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether rights under a Share Incentive Plan (SIP) not forming part of the contract of employment but detailed in a separate agreement transfer under TUPE regulations
  2. 2 Interpretation of Regulation 4(2)(a) of TUPE 2006 regarding rights 'under or in connection with' the contract of employment

Ratio Decidendi

Rights and obligations under the SIP, though arising from a collateral agreement, are sufficiently connected to the contract of employment to transfer under Regulation 4(2)(a) TUPE 2006. The appeal is refused; the transferee employer must provide a scheme of substantial equivalence.

Court Disposition

appeal refused

Orders

  • Transferee employer must provide a scheme of substantial equivalence to the SIP operated by the transferor employer.