Williams v. Advance Cleaning Services Ltd & Anor [2005] UKEAT 0838_04_0903 (9 March 2005)

Williams v. Advance Cleaning Services Ltd & Anor [2005] UKEAT 0838_04_0903 (9 March 2005)

The tribunal's finding that the appellant, while spending a majority of his time on the London terminals contract, was not assigned to that part of the undertaking but remained a project manager for the employer as a whole, was a factual determination open to them and disclosed no error of law.

Citation
[2005] UKEAT 0838_04_0903
Parties
Appellant: Mr Clifford Williams; 1st Respondent: Engineering and Railway Solutions Ltd; 2nd Respondent: Advance Cleaning Services Ltd
Jurisdiction
United Kingdom
Judgment Date
09 March 2005
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
TUPE, Assignment of Employees, Unfair Dismissal
Employment Law Labour Law TUPE Assignment of Employees Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Clifford Williams

Appellant

Engineering and Railway Solutions Ltd

1st Respondent

Advance Cleaning Services Ltd

2nd Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was assigned to the part of the undertaking transferred under TUPE
  2. 2 Whether the employment tribunal erred in law in its factual findings regarding assignment

Ratio Decidendi

The tribunal's finding that the appellant, while spending a majority of his time on the London terminals contract, was not assigned to that part of the undertaking but remained a project manager for the employer as a whole, was a factual determination open to them and disclosed no error of law.

Court Disposition

Appeal dismissed