Costain Ltd v Armitage (Transfer of Undertakings : Transfer) [2014] UKEAT 0048_14_0207 (02 July 2014)

Costain Ltd v Armitage (Transfer of Undertakings : Transfer) [2014] UKEAT 0048_14_0207 (02 July 2014)

The Employment Tribunal failed to provide adequate reasons and did not clearly apply the correct legal test for assignment under TUPE, rendering its decision unsafe.

Citation
[2014] UKEAT 0048_14_0207
Parties
Appellant: Costain Ltd; First Respondent: ERH Communications Ltd; Second Respondent: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
02 July 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; case remitted to a differently constituted Employment Tribunal for fresh consideration.
Legal Topics
Transfer of Undertakings, Service Provision Change, Assignment of Employees, Adequacy of Tribunal Reasons, Costs
Employment Law Transfer of Undertakings Service Provision Change Assignment of Employees Adequacy of Tribunal Reasons Costs

Case Brief

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Parties

Costain Ltd

Appellant

ERH Communications Ltd

First Respondent

Claimant (unnamed)

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test for assignment under TUPE
  2. 2 Whether the Tribunal provided adequate reasons for its decision
  3. 3 Whether the Claimant was assigned to an organised grouping of employees for the purposes of TUPE

Ratio Decidendi

The Employment Tribunal failed to provide adequate reasons and did not clearly apply the correct legal test for assignment under TUPE, rendering its decision unsafe.

Court Disposition

Appeal allowed; case remitted to a differently constituted Employment Tribunal for fresh consideration.

Orders

  • Case remitted for rehearing before a new Employment Tribunal.
  • ERH ordered to pay £1,600 costs to Costain.