Industrial Services Group Ltd v. Mattinson & Ors [2003] UKEAT 1238_01_3001 (30 January 2003)

Industrial Services Group Ltd v. Mattinson & Ors [2003] UKEAT 1238_01_3001 (30 January 2003)

The Employment Tribunal erred in law by failing to consider all relevant factors in determining whether there was an undertaking and whether it was transferred under the 1981 Regulations. The Tribunal focused unduly on the non-transfer of tangible assets and did not adequately address the multifactorial approach...

Source-derived case information.

Citation
[2003] UKEAT 1238_01_3001
Parties
Appellant: Industrial Services Group Ltd (ISG); 1st Respondent: Mr S Mattinson and others; 2nd Respondent: Interserve Industrial Services Ltd (IIS)
Jurisdiction
United Kingdom
Judgment Date
30 January 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside
Legal Topics
Transfer of Undertakings, Acquired Rights Directive, Employee Transfer, Redundancy, Contract Termination
Employment Law Labour Law European Law Transfer of Undertakings Acquired Rights Directive Employee Transfer Redundancy Contract Termination

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Parties

Industrial Services Group Ltd (ISG)

Appellant

Mr S Mattinson and others

1st Respondent

Interserve Industrial Services Ltd (IIS)

2nd Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether there was an undertaking capable of transfer under the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE)
  2. 2 Whether there was a transfer of such an undertaking from ISG to IIS

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider all relevant factors in determining whether there was an undertaking and whether it was transferred under the 1981 Regulations. The Tribunal focused unduly on the non-transfer of tangible assets and did not adequately address the multifactorial approach required by established case law, particularly the significance of the transfer of a substantial part of the workforce and operational continuity. The decision is unsatisfactory and cannot stand; the matter must be remitted for reconsideration by a differently constituted Tribunal.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside

Orders

  • Matter remitted to a differently constituted Employment Tribunal to determine whether there was an undertaking and whether it was transferred under the 1981 Regulations
  • Permission to appeal refused to IIS