Howitt Ltd v King & Ors [2007] UKEAT 0349_07_1812 (18 December 2007)

Howitt Ltd v King & Ors [2007] UKEAT 0349_07_1812 (18 December 2007)

The Employment Tribunal Chairman permissibly found, on the facts, that a relevant transfer of an economic entity retaining its identity occurred from Olwen to Howitt on 26 May 2006, and the regulation 8(7) point was not in issue and could not be reopened on appeal.

Citation
[2007] UKEAT 0349_07_1812
Parties
Appellant: Howitt Ltd; First Respondent: Olwen Direct Marketing Services (Croydon) Ltd (In Liquidation); Claimants: Mr King and Others
Jurisdiction
United Kingdom
Judgment Date
18 December 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE Regulations 2006, Relevant Transfer, Appellate Jurisdiction, Perversity
Employment Law Transfer of Undertakings TUPE Regulations 2006 Relevant Transfer Appellate Jurisdiction Perversity

Case Brief

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Parties

Howitt Ltd

Appellant

Olwen Direct Marketing Services (Croydon) Ltd (In Liquidation)

First Respondent

Mr King and Others

Claimants

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether a relevant transfer under TUPE Regulations 2006 occurred from Olwen to Howitt on 26 May 2006
  2. 2 Whether the Employment Tribunal Chairman properly applied regulation 3(1)(a) and relevant ECJ jurisprudence
  3. 3 Whether findings of fact were perverse

Ratio Decidendi

The Employment Tribunal Chairman permissibly found, on the facts, that a relevant transfer of an economic entity retaining its identity occurred from Olwen to Howitt on 26 May 2006, and the regulation 8(7) point was not in issue and could not be reopened on appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Howitt is dismissed.