Dudley Bower Building Services Ltd v. Lowe & Ors [2003] UKEAT 856_01_1802 (18 February 2003)

Dudley Bower Building Services Ltd v. Lowe & Ors [2003] UKEAT 856_01_1802 (18 February 2003)

The Employment Tribunal correctly found that a stable economic entity existed and was transferred under TUPE, even though the entity consisted essentially of one employee, due to the structured, complex, and identifiable nature of the work and its organisation.

Citation
[2003] UKEAT 856_01_1802
Parties
Appellant: Dudley Bower Building Services Limited; First Respondent: Peter Lowe; Second Respondent: W S Atkins Facilities Management Limited; Third Respondent: Serco Limited
Jurisdiction
United Kingdom
Judgment Date
18 February 2003
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings (protection of Employment) Regulations 1981 (tupe), Stable Economic Entity, Relevant Transfer, Employee Protection Under Directive 77/187
Employment Law European Law Transfer of Undertakings (protection of Employment) Regulations 1981 (tupe) Stable Economic Entity Relevant Transfer Employee Protection Under Directive 77/187

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Parties

Dudley Bower Building Services Limited

Appellant

Peter Lowe

First Respondent

W S Atkins Facilities Management Limited

Second Respondent

Serco Limited

Third Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the work performed by a single employee constitutes a stable economic entity under TUPE
  2. 2 Whether there was a relevant transfer of an economic entity to the Appellant

Ratio Decidendi

The Employment Tribunal correctly found that a stable economic entity existed and was transferred under TUPE, even though the entity consisted essentially of one employee, due to the structured, complex, and identifiable nature of the work and its organisation.

Court Disposition

Appeal dismissed

Orders

  • Employment Tribunal decision upheld
  • No error of law found