Chargecrest Ltd v McLaughlin & Anor [1995] UKEAT 105_95_1112 (11 December 1995)

Chargecrest Ltd v McLaughlin & Anor [1995] UKEAT 105_95_1112 (11 December 1995)

The Tribunal misdirected itself by failing to determine whether a relevant transfer under TUPE had taken place; the issue was sufficiently raised and should have been ruled upon.

Citation
[1995] UKEAT 105_95_1112
Parties
Appellant: Chargecrest Ltd; Respondent: Mr Smith; Respondent: Mr McLaughlin
Jurisdiction
United Kingdom
Judgment Date
11 December 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal allowed
Legal Topics
Redundancy, Dismissal, Transfer of Undertakings, TUPE
Employment Law Redundancy Dismissal Transfer of Undertakings TUPE

Case Brief

Summary, issues, holding and outcome

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Parties

Chargecrest Ltd

Appellant

Mr Smith

Respondent

Mr McLaughlin

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the contracts of employment were transferred under TUPE
  2. 2 Whether the respondents were dismissed by the appellant
  3. 3 Entitlement to redundancy payments and damages

Ratio Decidendi

The Tribunal misdirected itself by failing to determine whether a relevant transfer under TUPE had taken place; the issue was sufficiently raised and should have been ruled upon.

Court Disposition

appeal allowed

Orders

  • Decision of Industrial Tribunal set aside
  • Case remitted to a fresh Industrial Tribunal for reconsideration of all issues