Computer Insight Ltd v Stewart & Anor [1997] UKEAT 1216_97_0912 (9 December 1997)

Computer Insight Ltd v Stewart & Anor [1997] UKEAT 1216_97_0912 (9 December 1997)

No relevant transfer of undertaking occurred between CIL and IML or PCSL; tribunals correctly applied the law and weighed relevant factors; no arguable point of law for appeal.

Source-derived case information.

Citation
[1997] UKEAT 1216_97_0912
Parties
Appellant: Computer Insight Ltd; Respondent: Instant Muscle Ltd; Respondent: Personnel Consultancy Services Ltd; Applicant: Mr Stewart; Applicant: Mr Shokunbi; Respondent: Training for Jobs Ltd
Jurisdiction
United Kingdom
Judgment Date
09 December 1997
Procedural Posture
Appeal / Preliminary Hearing
Outcome
appeals dismissed
Legal Topics
Transfer of Undertakings, Unfair Dismissal, Redundancy Payment, TUPE, Acquired Rights Directive
Employment Law European Law Transfer of Undertakings Unfair Dismissal Redundancy Payment TUPE Acquired Rights Directive

Source-derived case record

Summary, issues, holding and outcome

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Parties

Computer Insight Ltd

Appellant

Instant Muscle Ltd

Respondent

Personnel Consultancy Services Ltd

Respondent

Mr Stewart

Applicant

Mr Shokunbi

Applicant

Training for Jobs Ltd

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether a relevant transfer of undertaking occurred under TUPE
  2. 2 Whether the dismissal of employees was unfair
  3. 3 Whether redundancy payments were due

Ratio Decidendi

No relevant transfer of undertaking occurred between CIL and IML or PCSL; tribunals correctly applied the law and weighed relevant factors; no arguable point of law for appeal.

Court Disposition

appeals dismissed

Orders

  • Both appeals dismissed; no full appeal hearing will proceed.