Compass Group UK & Ireland (t/a Scolarest) v Burke & Ors [2007] UKEAT 0623_06_1505 (15 May 2007)

Compass Group UK & Ireland (t/a Scolarest) v Burke & Ors [2007] UKEAT 0623_06_1505 (15 May 2007)

The Tribunal misdirected itself in finding no stable economic entity and failing to properly apply the multifactorial approach; there was a stable economic entity at Malorees School, and the claimants were assigned to it, making the transfer relevant under TUPE.

Citation
[2007] UKEAT 0623_06_1505
Parties
Appellant: Compass; Claimant: Ms Burke; Claimant: Ms De-Graft-Enorzah; Respondent: Oasis
Jurisdiction
United Kingdom
Judgment Date
15 May 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed; Tribunal judgment reversed.
Legal Topics
Transfer of Undertakings, TUPE Regulations, Unfair Dismissal
Employment Law Transfer of Undertakings TUPE Regulations Unfair Dismissal

Case Brief

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Parties

Compass

Appellant

Ms Burke

Claimant

Ms De-Graft-Enorzah

Claimant

Oasis

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether there was a relevant transfer of an undertaking under TUPE Regulations
  2. 2 Whether a stable economic entity existed capable of transfer
  3. 3 Whether claimants were assigned to the part of the undertaking transferred

Ratio Decidendi

The Tribunal misdirected itself in finding no stable economic entity and failing to properly apply the multifactorial approach; there was a stable economic entity at Malorees School, and the claimants were assigned to it, making the transfer relevant under TUPE.

Court Disposition

Appeal allowed; Tribunal judgment reversed.

Orders

  • Case remitted for hearing on unfair dismissal against the transferee.