Mrs C McCulloch v Mr Eric Broughton (England and Wales : Transfer of Undertakings) [2020] UKET 2302711/2018 (13 February 2020)

Mrs C McCulloch v Mr Eric Broughton (England and Wales : Transfer of Undertakings) [2020] UKET 2302711/2018 (13 February 2020)

The tribunal found that there was a relevant transfer under TUPE and that the claimant's employment transferred to the respondent, making him liable for her employment rights.

Source-derived case information.

Citation
[2020] UKET 2302711/2018
Parties
Claimant: Mrs C McCulloch; Respondent: Mr Eric Broughton
Jurisdiction
United Kingdom
Judgment Date
13 February 2020
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Transfer of Undertakings, TUPE, Employee Rights
Employment Law Transfer of Undertakings TUPE Employee Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs C McCulloch

Claimant

Mr Eric Broughton

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant's employment transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
  2. 2 Whether the respondent is liable for employment rights post-transfer

Ratio Decidendi

The tribunal found that there was a relevant transfer under TUPE and that the claimant's employment transferred to the respondent, making him liable for her employment rights.

Court Disposition

Claim upheld

Orders

  • Respondent held liable for claimant's employment rights under TUPE