Jackson Lloyd Ltd & Anor Smith & Ors (Transfer of Undertakings : Transfer) [2014] UKEAT 0127_13_0404 (4 April 2014)

Jackson Lloyd Ltd & Anor Smith & Ors (Transfer of Undertakings : Transfer) [2014] UKEAT 0127_13_0404 (4 April 2014)

The Tribunal correctly applied the multifactorial, fact-sensitive test for TUPE transfer, found that control of Jackson Lloyd Ltd passed to Mears Group Plc following the share sale to Mears Ltd, and that the mandates of employee representatives had expired, entitling individual claimants to bring protective award claims. No error of law was disclosed in the Tribunal’s reasoning or conclusions.

Citation
[2014] UKEAT 0127_13_0404
Parties
Appellant: Jackson Lloyd Ltd and Mears Group Plc; Respondent: First & Second Respondents; Respondent: Third Respondents
Jurisdiction
United Kingdom
Judgment Date
04 April 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
TUPE Transfer, Locus Standi, Protective Award Claims, Employee Representation
Employment Law TUPE Transfer Locus Standi Protective Award Claims Employee Representation

Case Brief

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Parties

Jackson Lloyd Ltd and Mears Group Plc

Appellant

First & Second Respondents

Respondent

Third Respondents

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether there was a TUPE transfer under Regulation 3(1)(a)
  2. 2 Whether the correct transferee was Mears Group Plc or Mears Ltd
  3. 3 Whether claimants had locus standi to bring protective award claims

Ratio Decidendi

The Tribunal correctly applied the multifactorial, fact-sensitive test for TUPE transfer, found that control of Jackson Lloyd Ltd passed to Mears Group Plc following the share sale to Mears Ltd, and that the mandates of employee representatives had expired, entitling individual claimants to bring protective award claims. No error of law was disclosed in the Tribunal’s reasoning or conclusions.

Court Disposition

Appeal dismissed

Orders

  • No error of law found in Tribunal’s reasoning or conclusions
  • Employment Tribunal’s judgment upheld