Key Communications Ltd v. Rose & Ors [2001] UKEAT 1292_00_2303 (23 March 2001)

Key Communications Ltd v. Rose & Ors [2001] UKEAT 1292_00_2303 (23 March 2001)

The Tribunal's findings on the transfer of undertakings and termination of employment are arguable and lack sufficient reasoning; the appeal raises grounds that merit a full hearing.

Citation
[2001] UKEAT 1292_00_2303
Parties
Appellant: Key Communications; Respondent: Mrs Rose; Respondent: Mr McKeone; Respondent: Dr Walker; Respondent: Impact (Fifth Respondent)
Jurisdiction
United Kingdom
Judgment Date
23 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Transfer of Undertakings, Unfair Dismissal, Redundancy Payments, Contractual Remedies, Agency, Timeliness of Claims
Employment Law Transfer of Undertakings Unfair Dismissal Redundancy Payments Contractual Remedies Agency Timeliness of Claims

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Parties

Key Communications

Appellant

Mrs Rose

Respondent

Mr McKeone

Respondent

Dr Walker

Respondent

Impact (Fifth Respondent)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether there was a transfer of undertakings under the Transfer of Undertakings Regulations
  2. 2 Whether the First Respondents acted as agents or substantive transferees
  3. 3 Whether employees' contracts were transferred and subsequently terminated

Ratio Decidendi

The Tribunal's findings on the transfer of undertakings and termination of employment are arguable and lack sufficient reasoning; the appeal raises grounds that merit a full hearing.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Direct that in each appeal the Respondents should be the individual employee and the Fifth Respondent, Impact.
  • No need to serve proceedings on Second, Third, or Fourth Respondents at this stage.