Ideal Cleaning Contractors Ltd v. ISS Servisystems Ltd & Ors [2000] UKEAT 410_00_1704 (17 April 2000)

Ideal Cleaning Contractors Ltd v. ISS Servisystems Ltd & Ors [2000] UKEAT 410_00_1704 (17 April 2000)

The Tribunal's factual assessment that the same economic entity was transferred, despite changes in timing, staffing, and equipment, was permissible and consistent with legal principles established by the Court of Appeal. There were no grounds in law to interfere with the Tribunal's decision.

Citation
[2000] UKEAT 410_00_1704
Parties
Appellant: Ideal Cleaning Contractors Ltd; 1st Respondent: ISS Servisystems Ltd; 2nd Respondent: Applicants (Cleaners at Halton Lea Shopping Centre)
Jurisdiction
United Kingdom
Judgment Date
17 April 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE, Relevant Transfer, Employee Rights

Case Brief

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Parties

Ideal Cleaning Contractors Ltd

Appellant

ISS Servisystems Ltd

1st Respondent

Applicants (Cleaners at Halton Lea Shopping Centre)

2nd Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether there was a relevant transfer of an undertaking under regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE)

Ratio Decidendi

The Tribunal's factual assessment that the same economic entity was transferred, despite changes in timing, staffing, and equipment, was permissible and consistent with legal principles established by the Court of Appeal. There were no grounds in law to interfere with the Tribunal's decision.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.