Mrs Tracy Howard and others v Exclusive Contract Services Ltd and Premium Support Services Ltd (England and Wales : Contract of Employment) [2020] UKET 3300360/2019 (14 October 2020)
The Tribunal found that the claimants were employees under contracts of employment and that TUPE applied to the transfer, entitling them to continued employment rights against the transferee.
- Citation
- [2020] UKET 3300360/2019
- Parties
- Claimant: Mrs Tracy Howard and others; Respondent: Exclusive Contract Services Ltd; Respondent: Premium Support Services Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 14 October 2020
- Procedural Posture
- Employment Tribunal / Judgment
- Outcome
- Claims upheld
- Legal Topics
- Contract of Employment, Transfer of Undertakings, Employee Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Tracy Howard and others
Claimant
Exclusive Contract Services Ltd
Respondent
Premium Support Services Ltd
Respondent
Procedural Posture
Employment Tribunal / Judgment
Legal Issues
- 1 Whether claimants were employees under a contract of employment
- 2 Whether there was a transfer of undertaking under TUPE
- 3 Entitlement to employment rights post-transfer
Ratio Decidendi
The Tribunal found that the claimants were employees under contracts of employment and that TUPE applied to the transfer, entitling them to continued employment rights against the transferee.
Court Disposition
Claims upheld
Orders
- Respondents held jointly and severally liable for claimants' employment rights under TUPE
Full Case Text
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