Alternative Cure Ltd v. Grant & Ors [2000] UKEAT 402_00_0707 (7 July 2000)

Alternative Cure Ltd v. Grant & Ors [2000] UKEAT 402_00_0707 (7 July 2000)

The Employment Tribunal correctly found a relevant transfer of undertaking based on continuity of business, staff, and assets, and properly applied the regulations; no error of law or perversity was established.

Citation
[2000] UKEAT 402_00_0707
Parties
Appellant: Alternative Cure Ltd; First Respondent: Regency Health Care (Halifax) Ltd; Applicant: Mrs J Fountain
Jurisdiction
United Kingdom
Judgment Date
07 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, Employee Rights, Service of Notice
Employment Law Transfer of Undertakings Employee Rights Service of Notice

Case Brief

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Parties

Alternative Cure Ltd

Appellant

Regency Health Care (Halifax) Ltd

First Respondent

Mrs J Fountain

Applicant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether there was a transfer of undertaking under relevant regulations
  2. 2 Whether the Employment Tribunal erred in law in determining the transfer
  3. 3 Whether proper service of notice was effected for Mrs Fountain's claim

Ratio Decidendi

The Employment Tribunal correctly found a relevant transfer of undertaking based on continuity of business, staff, and assets, and properly applied the regulations; no error of law or perversity was established.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Alternative Cure Ltd dismissed
  • Appeal regarding Mrs Fountain's claim dismissed