Tibbitt v Wagon Plc & Ors [2003] UKEAT 0121_02_2602 (26 February 2003)

Tibbitt v Wagon Plc & Ors [2003] UKEAT 0121_02_2602 (26 February 2003)

The Applicants were not assigned to the part of the undertaking that was transferred; therefore, their contracts of employment did not transfer under TUPE. The Tribunal applied the correct law to the facts and there was no error in its reasoning or findings.

Citation
[2003] UKEAT 0121_02_2602
Parties
First Appellant: Kenneth Tibbitt; Second Appellant: Ms McNabb; Respondents: Wagon PLC and Hawtal Whiting Ltd
Jurisdiction
United Kingdom
Judgment Date
26 February 2003
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE Regulations, Automatic Unfair Dismissal, Assignment of Employees, Employment Contracts
Employment Law Transfer of Undertakings TUPE Regulations Automatic Unfair Dismissal Assignment of Employees Employment Contracts

Case Brief

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Parties

Kenneth Tibbitt

First Appellant

Ms McNabb

Second Appellant

Wagon PLC and Hawtal Whiting Ltd

Respondents

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Applicants' contracts of employment transferred under TUPE on the relevant transfer of an undertaking
  2. 2 Whether the Applicants were assigned to the part of the undertaking that was transferred

Ratio Decidendi

The Applicants were not assigned to the part of the undertaking that was transferred; therefore, their contracts of employment did not transfer under TUPE. The Tribunal applied the correct law to the facts and there was no error in its reasoning or findings.

Court Disposition

Appeal dismissed

Orders

  • Both appeals are dismissed.
  • No order as to costs against the Applicants.