KLT Water Engineering Ltd v Irvine & Ors [2009] UKEAT 0005_09_0411 (4 November 2009)

KLT Water Engineering Ltd v Irvine & Ors [2009] UKEAT 0005_09_0411 (4 November 2009)

The claimants' resignations were not for reasons connected with a transfer, nor did they fall within s.100 of the Employment Rights Act 1996. TUPE did not apply as the transfer was not in contemplation at the time of resignation, and the appellants did not assume liability for the claimants' claims.

Citation
[2009] UKEAT 0005_09_0411
Parties
Appellant: KLT Water Engineering Limited; Respondents: Claimants (unnamed); Third Respondents: G & K Valve Services Limited
Jurisdiction
United Kingdom
Judgment Date
04 November 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; claimants' claims dismissed.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Transfer of Undertakings (tupe)
Employment Law Constructive Dismissal Unfair Dismissal Transfer of Undertakings (tupe)

Case Brief

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Parties

KLT Water Engineering Limited

Appellant

Claimants (unnamed)

Respondents

G & K Valve Services Limited

Third Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether claimants who resigned asserting unfair constructive dismissal could direct their claims against a company to which the business of their employers transferred some 10 months later, where no transfer was in contemplation at the time of resignation.
  2. 2 Whether the claimants' resignations fell within the protection of s.100 of the Employment Rights Act 1996.
  3. 3 Whether TUPE applied to transfer liability for the claimants' claims to the transferee company.

Ratio Decidendi

The claimants' resignations were not for reasons connected with a transfer, nor did they fall within s.100 of the Employment Rights Act 1996. TUPE did not apply as the transfer was not in contemplation at the time of resignation, and the appellants did not assume liability for the claimants' claims.

Court Disposition

Appeal allowed; claimants' claims dismissed.

Orders

  • Appeal upheld.
  • Claimants' claims dismissed.