Rowe v Girovend Cashless Systems Plc & Anor [1998] UKEAT 278_98_1011 (10 November 1998)

Rowe v Girovend Cashless Systems Plc & Anor [1998] UKEAT 278_98_1011 (10 November 1998)

The Applicant was not assigned to the part of the undertaking transferred to the Second Respondent; the Employment Tribunal's factual findings and application of the law were correct and unassailable.

Citation
[1998] UKEAT 278_98_1011
Parties
Applicant: Mr Rowe; First Respondent: Debitek Holdings Limited (formerly GiroVend Holdings Limited); Second Respondent: GiroVend Cashless Systems Ltd
Jurisdiction
United Kingdom
Judgment Date
10 November 1998
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, Assignment of Employment, Employment Rights Act 1996, Regulation 5 TUPE
Employment Law Transfer of Undertakings Assignment of Employment Employment Rights Act 1996 Regulation 5 TUPE

Case Brief

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Parties

Mr Rowe

Applicant

Debitek Holdings Limited (formerly GiroVend Holdings Limited)

First Respondent

GiroVend Cashless Systems Ltd

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Applicant was employed in the part of the undertaking transferred to the Second Respondent within the meaning of Regulation 5 of the Transfer of Undertakings Protection of Employment Regulations 1981

Ratio Decidendi

The Applicant was not assigned to the part of the undertaking transferred to the Second Respondent; the Employment Tribunal's factual findings and application of the law were correct and unassailable.

Court Disposition

Appeal dismissed