Dougland Support Services Ltd v Englefield [1997] UKEAT 1072_96_1601 (16 January 1997)

Dougland Support Services Ltd v Englefield [1997] UKEAT 1072_96_1601 (16 January 1997)

The Industrial Tribunal had sufficient evidence to find that Mr Englefield's contract was transferred to the Appellants and did not err in law or fact; no arguable point of law was shown.

Citation
[1997] UKEAT 1072_96_1601
Parties
Appellant: Dougland Support Services Ltd; Transferor: Morangate Limited; Employee/applicant: Mr D T Englefield
Jurisdiction
United Kingdom
Judgment Date
16 January 1997
Procedural Posture
Application for Leave to Proceed to Full Hearing / Preliminary Hearing
Outcome
application dismissed
Legal Topics
Transfer of Undertakings, Employee Rights, Contract of Employment
Employment Law Transfer of Undertakings Employee Rights Contract of Employment

Case Brief

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Parties

Dougland Support Services Ltd

Appellant

Morangate Limited

Transferor

Mr D T Englefield

Employee/applicant

Procedural Posture

Application for Leave to Proceed to Full Hearing / Preliminary Hearing

Legal Issues

  1. 1 Whether Mr Englefield's contract of employment was transferred to Dougland Support Services Ltd under TUPE regulations
  2. 2 Whether the Industrial Tribunal erred in law or fact in its findings regarding the transfer

Ratio Decidendi

The Industrial Tribunal had sufficient evidence to find that Mr Englefield's contract was transferred to the Appellants and did not err in law or fact; no arguable point of law was shown.

Court Disposition

application dismissed

Orders

  • application for leave to proceed to full hearing is refused