Alamo Group (Europe) Ltd v.Tucker & Anor [2003] UKEAT 994_01_2402 (24 February 2003)
Regulations 10 and 11 rights and liabilities arise in connection with the contract of employment or employment relationship and are subject to Regulation 5; therefore, the transferee is liable for the transferor's default in consultation and information duties under TUPE.
- Citation
- [2003] UKEAT 994_01_2402
- Parties
- Appellant: Alamo; First Respondent: Twose of Tiverton Ltd; Second Respondent: Twose of Tiverton Ltd (in administration)
- Jurisdiction
- United Kingdom
- Judgment Date
- 24 February 2003
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal
- Outcome
- Appeal dismissed
- Legal Topics
- Transfer of Undertakings (tupe), Employee Consultation, Compensation, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Alamo
Appellant
Twose of Tiverton Ltd
First Respondent
Twose of Tiverton Ltd (in administration)
Second Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Legal Issues
- 1 Does Regulation 5 of TUPE transfer duties and liabilities under Regulations 10 and 11 to the transferee?
- 2 Is the transferee liable for the transferor's default in consultation and information duties under TUPE?
Ratio Decidendi
Regulations 10 and 11 rights and liabilities arise in connection with the contract of employment or employment relationship and are subject to Regulation 5; therefore, the transferee is liable for the transferor's default in consultation and information duties under TUPE.
Court Disposition
Appeal dismissed
Orders
- Compensation award upheld
- Transferee liable for transferor's default under Regulations 10 and 11
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