Planned Maintenance Engineering Ltd v Lucke & Anor [1997] UKEAT 198_97_1007 (10 July 1997)

Planned Maintenance Engineering Ltd v Lucke & Anor [1997] UKEAT 198_97_1007 (10 July 1997)

There is an arguable point of law concerning the approach tribunals should take in cases of alleged employee 'dumping' under the Transfer of Undertakings Regulations.

Citation
[1997] UKEAT 198_97_1007
Parties
Appellant: Appellants; Applicant: Applicant Employee
Jurisdiction
United Kingdom
Judgment Date
10 July 1997
Procedural Posture
Preliminary Hearing / Ex Parte
Outcome
Arguable point of law found; appeal may proceed.
Legal Topics
Transfer of Undertakings, Employee Transfer, Industrial Tribunal Procedure
Employment Law Transfer of Undertakings Employee Transfer Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants

Appellant

Applicant Employee

Applicant

Procedural Posture

Preliminary Hearing / Ex Parte

Legal Issues

  1. 1 Whether there is an arguable point of law regarding the application of the Transfer of Undertakings Regulations in cases of alleged employee 'dumping'
  2. 2 How tribunals should approach cases involving manipulation of employee status for transfer purposes

Ratio Decidendi

There is an arguable point of law concerning the approach tribunals should take in cases of alleged employee 'dumping' under the Transfer of Undertakings Regulations.

Court Disposition

Arguable point of law found; appeal may proceed.