Monitus Ltd v Woodman & Anor [2005] UKEAT 0354_05_2112 (21 December 2005)

Monitus Ltd v Woodman & Anor [2005] UKEAT 0354_05_2112 (21 December 2005)

The Employment Tribunal's findings of fact and application of TUPE regulations were not perverse or unsupported by evidence. The Tribunal correctly found a relevant transfer of undertaking, rejected the ETO reason, and concluded the principal reason for dismissal was connected to the transfer. The dismissal was procedurally unfair and liability for unfair dismissal transferred under TUPE.

Citation
[2005] UKEAT 0354_05_2112
Parties
Appellant: Monitus Ltd; First Respondent: Sandfield Systems Limited; Second Respondent: Wayne Barnett / Monitus Ltd
Jurisdiction
United Kingdom
Judgment Date
21 December 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
TUPE Transfer, Unfair Dismissal, Redundancy, Procedural Fairness, Economic, Technical or Organisational (eto) Reasons
Employment Law TUPE Transfer Unfair Dismissal Redundancy Procedural Fairness Economic, Technical or Organisational (eto) Reasons

Case Brief

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Parties

Monitus Ltd

Appellant

Sandfield Systems Limited

First Respondent

Wayne Barnett / Monitus Ltd

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its findings of fact and application of TUPE regulations
  2. 2 Whether there was a relevant transfer of undertaking under TUPE
  3. 3 Whether there was an ETO reason for dismissal

Ratio Decidendi

The Employment Tribunal's findings of fact and application of TUPE regulations were not perverse or unsupported by evidence. The Tribunal correctly found a relevant transfer of undertaking, rejected the ETO reason, and concluded the principal reason for dismissal was connected to the transfer. The dismissal was procedurally unfair and liability for unfair dismissal transferred under TUPE.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all grounds
  • Employment Tribunal's decision upheld