Country Weddings Ltd v Crossman & Ors (Transfer of Undertakings : Consultation and other information) [2013] UKEAT 0535_12_3004 (30 April 2013)

Country Weddings Ltd v Crossman & Ors (Transfer of Undertakings : Consultation and other information) [2013] UKEAT 0535_12_3004 (30 April 2013)

Employment Tribunal has no power to apportion liability between respondents for compensation under TUPE; it must order joint and several liability.

Citation
[2013] UKEAT 0535_12_3004
Parties
First Respondent: Country Weddings; Second Respondent: Naboth’s Field (formerly Maunsel House); Claimant: Claimant
Jurisdiction
United Kingdom
Judgment Date
30 April 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside.
Legal Topics
Transfer of Undertakings (tupe), Joint and Several Liability, Unfair Dismissal, Constructive Dismissal, Compensation Apportionment

Case Brief

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Parties

Country Weddings

First Respondent

Naboth’s Field (formerly Maunsel House)

Second Respondent

Claimant

Claimant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether Employment Tribunal can apportion liability between respondents for compensation under TUPE
  2. 2 Whether compensation should be joint and several liability

Ratio Decidendi

Employment Tribunal has no power to apportion liability between respondents for compensation under TUPE; it must order joint and several liability.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside.

Orders

  • Compensation to be joint and several liability of both Respondents.