Adi (UK) Ltd v. Willer & Ors [2000] EAT 11_99_1804 (18 April 2000)

Adi (UK) Ltd v. Willer & Ors [2000] EAT 11_99_1804 (18 April 2000)

The Employment Tribunal was entitled to find that, although a stable economic entity existed, there was no transfer of undertaking within the meaning of the 1981 Regulations because no assets or workforce were transferred and the operation was merely a continuation of similar activity without transfer.

Citation
[2000] EAT 11_99_1804
Parties
Appellant: ADI; Second Respondent: Firm Security Group Ltd; First Respondent: First Respondents
Jurisdiction
United Kingdom
Judgment Date
18 April 2000
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Transfer of Undertakings, Protection of Employment, Redundancy, Contracting Out, Continuity of Employment
Employment Law Labour Law Transfer of Undertakings Protection of Employment Redundancy Contracting Out Continuity of Employment

Case Brief

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Parties

ADI

Appellant

Firm Security Group Ltd

Second Respondent

First Respondents

First Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether there was a transfer of undertaking under Regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 1981
  2. 2 Whether a stable economic entity existed
  3. 3 Whether the entity was transferred retaining its identity

Ratio Decidendi

The Employment Tribunal was entitled to find that, although a stable economic entity existed, there was no transfer of undertaking within the meaning of the 1981 Regulations because no assets or workforce were transferred and the operation was merely a continuation of similar activity without transfer.

Court Disposition

appeal dismissed

Orders

  • No transfer of undertaking found under the 1981 Regulations
  • No continuity of employment for ADI's security officers