Wood v Caledon Social Club Ltd (Debarred) & Anor [2010] UKEAT 0528_09_1203 (12 March 2010)

A temporary cessation of operation does not prevent a relevant transfer under TUPE 2006 if the economic entity resumes its operation in identical form after the transfer date.

Citation: [2010] UKEAT 0528_09_1203
Parties: Appellant: Mr Wood; First Respondent: Caledon Social Club; Second Respondent: London Colney Parish Council
Jurisdiction: United Kingdom
Judgment Date: 12 March 2010
Procedural Posture: Employment Appeal / Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Transfer of Undertakings, TUPE, Relevant Transfer, Temporary Cessation

Employment Law Transfer of Undertakings TUPE Relevant Transfer Temporary Cessation

Case Brief

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Parties

Mr Wood

Appellant

Caledon Social Club

First Respondent

London Colney Parish Council

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

1 Whether temporary cessation of operation at putative transfer date prevents relevant transfer under TUPE 2006

Ratio Decidendi

A temporary cessation of operation does not prevent a relevant transfer under TUPE 2006 if the economic entity resumes its operation in identical form after the transfer date.

Court Disposition

Appeal allowed

Orders

Declaration that a relevant transfer under TUPE 2006 took place from First to Second Respondent on 16 September 2008
Matter remitted to Employment Tribunal for merits hearing on unfair dismissal claim