Compass Security Ltd v Jeffs [1993] UKEAT 89_91_0302 (3 February 1993)

Compass Security Ltd v Jeffs [1993] UKEAT 89_91_0302 (3 February 1993)

The Industrial Tribunal erred in law by finding a relevant transfer of undertaking based solely on the change of managing agent following a property sale. There was no transfer of an economic unit or going concern to Compass Security Limited, nor did Compass become the transferee by virtue of an agency relationship. Therefore, there was no continuity of employment and the tribunal lacked jurisdiction.

Citation
[1993] UKEAT 89_91_0302
Parties
Appellant: Compass Security Limited; Respondent: Mr Jeffs
Jurisdiction
United Kingdom
Judgment Date
03 February 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Decision on Jurisdiction
Outcome
Appeal allowed; application dismissed
Legal Topics
Continuity of Employment, Transfer of Undertakings, Unfair Dismissal, Jurisdiction of Industrial Tribunal
Employment Law Continuity of Employment Transfer of Undertakings Unfair Dismissal Jurisdiction of Industrial Tribunal

Case Brief

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Parties

Compass Security Limited

Appellant

Mr Jeffs

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Decision on Jurisdiction

Legal Issues

  1. 1 Whether there was continuity of employment for the purposes of unfair dismissal claim
  2. 2 Whether there was a relevant transfer of undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 1981
  3. 3 Whether Compass Security Limited became the transferee of the undertaking

Ratio Decidendi

The Industrial Tribunal erred in law by finding a relevant transfer of undertaking based solely on the change of managing agent following a property sale. There was no transfer of an economic unit or going concern to Compass Security Limited, nor did Compass become the transferee by virtue of an agency relationship. Therefore, there was no continuity of employment and the tribunal lacked jurisdiction.

Court Disposition

Appeal allowed; application dismissed

Orders

  • The appeal is allowed.
  • The application of Mr Jeffs is dismissed.