Onwuka v Spherion Technology (UK) Ltd & Ors [2008] UKEAT 0523_06_0602 (6 February 2008)

Onwuka v Spherion Technology (UK) Ltd & Ors [2008] UKEAT 0523_06_0602 (6 February 2008)

The Employment Tribunal was entitled to find, based on the evidence, that the appellant had ceased to work in the SQM practice at the time of the transfer and thus was not assigned to the part of the business transferred under TUPE. The appeal was dismissed as the Tribunal's decision was not perverse.

Source-derived case information.

Citation
[2008] UKEAT 0523_06_0602
Parties
Appellant: Mr Onwuka; First Respondent: Spherion UK; Second Respondent: RelQ; Third Respondent: System Testing Associates (STA); Sixth Respondent: Mr Thompson; Seventh Respondent: Ms Edwards
Jurisdiction
United Kingdom
Judgment Date
06 February 2008
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE, Assignment of Employees, Race Discrimination, Victimisation, Unfair Dismissal
Employment Law Transfer of Undertakings TUPE Assignment of Employees Race Discrimination Victimisation Unfair Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Onwuka

Appellant

Spherion UK

First Respondent

RelQ

Second Respondent

System Testing Associates (STA)

Third Respondent

Mr Thompson

Sixth Respondent

Ms Edwards

Seventh Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was assigned to the part of the business transferred under TUPE
  2. 2 Whether the appellant's employment transferred to RelQ
  3. 3 Whether the Employment Tribunal's findings were perverse

Ratio Decidendi

The Employment Tribunal was entitled to find, based on the evidence, that the appellant had ceased to work in the SQM practice at the time of the transfer and thus was not assigned to the part of the business transferred under TUPE. The appeal was dismissed as the Tribunal's decision was not perverse.

Court Disposition

Appeal dismissed

Orders

  • No transfer of employment under TUPE
  • No substantive remedy granted