Wodson Park Sports & Recreation Association v West & Ors [2003] UKEAT 1139_02_1208 (12 August 2003)

Wodson Park Sports & Recreation Association v West & Ors [2003] UKEAT 1139_02_1208 (12 August 2003)

There was no relevant transfer of any undertaking either to Wodson Park or Ms Howard; the arrangements did not constitute a transfer of an economic entity under TUPE Regulations.

Citation
[2003] UKEAT 1139_02_1208
Parties
Appellant: J West Caterers Ltd; 1st Respondent: Louise Povey (nee West); 2nd Respondent: Wodson Park Sports and Recreation Association; 3rd Respondent: Dawn Howard t/a The Greenhouse Café
Jurisdiction
United Kingdom
Judgment Date
12 August 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; Tribunal's decision set aside.
Legal Topics
Transfer of Undertakings, TUPE Regulations, Unfair Dismissal, Statutory Redundancy Pay
Employment Law Transfer of Undertakings TUPE Regulations Unfair Dismissal Statutory Redundancy Pay

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Parties

J West Caterers Ltd

Appellant

Louise Povey (nee West)

1st Respondent

Wodson Park Sports and Recreation Association

2nd Respondent

Dawn Howard t/a The Greenhouse Café

3rd Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether there was a relevant transfer of an undertaking under TUPE Regulations
  2. 2 Whether the arrangements with Ms Howard constituted a transfer of an economic entity
  3. 3 Whether Wodson Park or Ms Howard became transferee employers

Ratio Decidendi

There was no relevant transfer of any undertaking either to Wodson Park or Ms Howard; the arrangements did not constitute a transfer of an economic entity under TUPE Regulations.

Court Disposition

Appeal allowed in part; Tribunal's decision set aside.

Orders

  • Matter remitted to a fresh Tribunal to determine issues between Miss West and J West Caterers Ltd.
  • Previous awards and findings regarding transfer are set aside.