Kavanagh v Coral Racing Ltd & Anor [1997] UKEAT 231_97_0805 (8 May 1997)

Kavanagh v Coral Racing Ltd & Anor [1997] UKEAT 231_97_0805 (8 May 1997)

The Industrial Tribunal misdirected itself in law by applying an incorrect test for assignment under TUPE, focusing on whether the employee worked wholly or very substantially in the transferred part, contrary to the ECJ's guidance in Botzen. This error of law rendered the Tribunal's conclusion unsafe and...

Source-derived case information.

Citation
[1997] UKEAT 231_97_0805
Parties
Appellant: Mrs A Kavanagh; Respondent: Coral Racing Ltd; Respondent: Videcom Security Ltd
Jurisdiction
United Kingdom
Judgment Date
08 May 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision on Preliminary Issue
Outcome
Appeal allowed; Industrial Tribunal decision set aside; case remitted for full hearing with both respondents remaining parties.
Legal Topics
Transfer of Undertakings (protection of Employment) Regulations (tupe), Assignment of Employees, Unfair Dismissal, Redundancy, Sex Discrimination
Employment Law Labour Law Transfer of Undertakings (protection of Employment) Regulations (tupe) Assignment of Employees Unfair Dismissal Redundancy Sex Discrimination

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs A Kavanagh

Appellant

Coral Racing Ltd

Respondent

Videcom Security Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision on Preliminary Issue

Legal Issues

  1. 1 Whether Mrs Kavanagh was assigned to the part of the undertaking transferred under TUPE
  2. 2 Whether the Industrial Tribunal misdirected itself as to the legal test for assignment under TUPE

Ratio Decidendi

The Industrial Tribunal misdirected itself in law by applying an incorrect test for assignment under TUPE, focusing on whether the employee worked wholly or very substantially in the transferred part, contrary to the ECJ's guidance in Botzen. This error of law rendered the Tribunal's conclusion unsafe and necessitated setting aside its decision.

Court Disposition

Appeal allowed; Industrial Tribunal decision set aside; case remitted for full hearing with both respondents remaining parties.

Orders

  • Set aside the Industrial Tribunal's decision on the preliminary issue.
  • Remit the matter for a full hearing on all issues with Videcom Security Ltd remaining as a respondent.