CPL Distribution Ltd v. Evans & Ors [2001] UKEAT 0669_01_2311 (23 November 2001)

CPL Distribution Ltd v. Evans & Ors [2001] UKEAT 0669_01_2311 (23 November 2001)

The Tribunal's finding that Mrs Todd was not assigned to the concessionary coal contract but rather to Mr Brennan, regardless of his role, was not perverse and was a permissible conclusion based on the evidence and correct legal test.

Citation
[2001] UKEAT 0669_01_2311
Parties
Appellant: CPL Distribution Ltd; Respondent: Mrs Todd; Respondent: Gateway Fuels; Respondents: Respondents 1-6 and 11-15
Jurisdiction
United Kingdom
Judgment Date
23 November 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Determination
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, Assignment of Employees, Redundancy
Employment Law Transfer of Undertakings Assignment of Employees Redundancy

Case Brief

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Parties

CPL Distribution Ltd

Appellant

Mrs Todd

Respondent

Gateway Fuels

Respondent

Respondents 1-6 and 11-15

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Determination

Legal Issues

  1. 1 Whether Mrs Todd was assigned to the concessionary coal contract for purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981
  2. 2 Whether the Tribunal's finding was perverse

Ratio Decidendi

The Tribunal's finding that Mrs Todd was not assigned to the concessionary coal contract but rather to Mr Brennan, regardless of his role, was not perverse and was a permissible conclusion based on the evidence and correct legal test.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Tribunal's decision affirmed