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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether Employment Tribunal can apportion liability between respondents for compensation under TUPE
- 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.
Full Case Text
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