Williams v Evans [1992] UKEAT 556_91_1410 (14 October 1992)

Williams v Evans [1992] UKEAT 556_91_1410 (14 October 1992)

The majority of the Industrial Tribunal correctly found that the business undertaking was transferred from the members' club to Mr Williams as a proprietary club, with the same premises, substantially the same clientele, and the same employee, thus continuity of employment was preserved under the statutory provisions.

Citation
[1992] UKEAT 556_91_1410
Parties
Appellant: Mr Williams; Respondent: Mrs Evans
Jurisdiction
United Kingdom
Judgment Date
14 October 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal on Preliminary Point
Outcome
Appeal dismissed
Legal Topics
Continuity of Employment, Transfer of Undertakings, Unfair Dismissal
Employment Law Continuity of Employment Transfer of Undertakings Unfair Dismissal

Case Brief

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Parties

Mr Williams

Appellant

Mrs Evans

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal on Preliminary Point

Legal Issues

  1. 1 Whether there was continuity of employment following the transfer of a club from a members' club to a proprietary club
  2. 2 Whether the business undertaking was transferred within the meaning of the Employment Protection (Consolidation) Act 1978, Schedule 13, paragraph 17(2)

Ratio Decidendi

The majority of the Industrial Tribunal correctly found that the business undertaking was transferred from the members' club to Mr Williams as a proprietary club, with the same premises, substantially the same clientele, and the same employee, thus continuity of employment was preserved under the statutory provisions.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to the Industrial Tribunal for continuation of the hearing on the merits of the unfair dismissal complaint.