Wodson Park Sports & Recreation Association v. West & Ors [2003] UKEAT 0219_02_1108 (11 August 2003)

Wodson Park Sports & Recreation Association v. West & Ors [2003] UKEAT 0219_02_1108 (11 August 2003)

There was no relevant transfer of any undertaking either to Wodson Park or Dawn Howard, as the arrangements did not constitute a transfer of an identifiable business entity under TUPE Regulations.

Citation
[2003] UKEAT 0219_02_1108
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
11 August 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed in part; matter remitted to fresh Tribunal.
Legal Topics
Transfer of Undertakings, TUPE Regulations, Unfair Dismissal, Redundancy Pay
Employment Law Transfer of Undertakings TUPE Regulations Unfair Dismissal 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

Legal Issues

  1. 1 Whether there was a relevant transfer of undertaking under TUPE Regulations
  2. 2 Whether the catering business entity was transferred to Wodson Park or Dawn Howard
  3. 3 Entitlement to employment protections under TUPE

Ratio Decidendi

There was no relevant transfer of any undertaking either to Wodson Park or Dawn Howard, as the arrangements did not constitute a transfer of an identifiable business entity under TUPE Regulations.

Court Disposition

Appeal allowed in part; matter remitted to fresh Tribunal.

Orders

  • A new Tribunal to determine issues between Miss West and J West Caterers Ltd regarding dismissal, holiday pay, wrongful dismissal, unfair dismissal, and statutory redundancy pay.