Ece v. Newham & Anor [2001] UKEAT 1035_00_0502 (5 February 2001)

Ece v. Newham & Anor [2001] UKEAT 1035_00_0502 (5 February 2001)

The Appellant was employed by the Company at the date of dismissal, not the Council. The relevant TUPE transfer occurred after the dismissal, so the Council was not liable. The Chairman's revocation of the review hearing direction raised arguable procedural issues warranting a full hearing.

Citation
[2001] UKEAT 1035_00_0502
Parties
Appellant: Mr Ece; First Respondent: Newham Refugee Centre Ltd; Second Respondent: London Borough of Newham
Jurisdiction
United Kingdom
Judgment Date
05 February 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal against original decision dismissed; appeal against review decision allowed to proceed to full hearing.
Legal Topics
Unfair Dismissal, TUPE (transfer of Undertakings), Employment Status, Procedural Fairness, Review of Tribunal Decisions
Employment Law Unfair Dismissal TUPE (transfer of Undertakings) Employment Status Procedural Fairness Review of Tribunal Decisions

Case Brief

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Parties

Mr Ece

Appellant

Newham Refugee Centre Ltd

First Respondent

London Borough of Newham

Second Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Company or the Council was the employer at the date of dismissal
  2. 2 Whether there was a transfer in stages under TUPE Regulations 1981
  3. 3 Whether the Chairman had jurisdiction to revoke a direction for a review hearing

Ratio Decidendi

The Appellant was employed by the Company at the date of dismissal, not the Council. The relevant TUPE transfer occurred after the dismissal, so the Council was not liable. The Chairman's revocation of the review hearing direction raised arguable procedural issues warranting a full hearing.

Court Disposition

Appeal against original decision dismissed; appeal against review decision allowed to proceed to full hearing.

Orders

  • Appeal EAT 1036/00 (original decision) dismissed.
  • Appeal EAT 1035/00 (review decision) to proceed to full hearing.