Tamang & Anor v ACT Security Ltd & Anor (Practice And Procedure : Compromise) [2012] UKEAT 0046_12_3108 (31 August 2012)

Tamang & Anor v ACT Security Ltd & Anor (Practice And Procedure : Compromise) [2012] UKEAT 0046_12_3108 (31 August 2012)

The compromise agreement was a covenant not to sue Reliance only, not a release of all respondents; the Employment Tribunal erred in construing it as a release of all joint and several tortfeasors. The claims against ACT and Euro must proceed.

Citation
[2012] UKEAT 0046_12_3108
Parties
Appellant: Claimants; Respondent: ACT Security Ltd; Respondent: Reliance (now Securitas Security Services UK Ltd); Respondent: Euro Storage UK Ltd
Jurisdiction
United Kingdom
Judgment Date
31 August 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; case remitted to Employment Tribunal against ACT and Euro; Reliance discharged.
Legal Topics
TUPE, Compromise Agreement, Joint and Several Liability, Unfair Dismissal, Wrongful Dismissal, Consultation Obligations
Employment Law TUPE Compromise Agreement Joint and Several Liability Unfair Dismissal Wrongful Dismissal Consultation Obligations

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Parties

Claimants

Appellant

ACT Security Ltd

Respondent

Reliance (now Securitas Security Services UK Ltd)

Respondent

Euro Storage UK Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether a compromise agreement with one respondent (Reliance) released all joint and several tortfeasors from liability
  2. 2 Proper construction of the compromise agreement under TUPE claims

Ratio Decidendi

The compromise agreement was a covenant not to sue Reliance only, not a release of all respondents; the Employment Tribunal erred in construing it as a release of all joint and several tortfeasors. The claims against ACT and Euro must proceed.

Court Disposition

Appeal allowed; case remitted to Employment Tribunal against ACT and Euro; Reliance discharged.

Orders

  • ACT Security Ltd and Euro Storage UK Ltd restored as respondents in Employment Tribunal proceedings.
  • Claimants to contact ACAS to seek compromise with remaining parties and report to Tribunal within 28 days.