OCO Mechanical Engineers Ltd v Bissett & Ors [1998] UKEAT 6_98_0111 (1 November 1998)

OCO Mechanical Engineers Ltd v Bissett & Ors [1998] UKEAT 6_98_0111 (1 November 1998)

The assignment of employees to the transferred part of the business is a factual question for the Tribunal. The Industrial Tribunal correctly considered the agreement between the parties and the practical arrangements for the transfer. There was no error of law in the Tribunal's approach, and the Applicants' contracts of employment transferred to OCO under the Regulations.

Citation
[1998] UKEAT 6_98_0111
Parties
Appellant: OCO Heating and Mechanical Engineers Ltd; Applicants: Messrs Bissett, Harden and Murphy; Second Respondent: Ellis Tylin Benham Ltd (ETB); Third Respondent: City of Westminster Council
Jurisdiction
United Kingdom
Judgment Date
01 November 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, Assignment of Employees, TUPE Regulations, Employment Contracts
Employment Law Labour Law Transfer of Undertakings Assignment of Employees TUPE Regulations Employment Contracts

Case Brief

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Parties

OCO Heating and Mechanical Engineers Ltd

Appellant

Messrs Bissett, Harden and Murphy

Applicants

Ellis Tylin Benham Ltd (ETB)

Second Respondent

City of Westminster Council

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the Applicants were assigned to the part of the business transferred to OCO under the Transfer of Undertakings (Protection of Employment) Regulations 1981
  2. 2 Whether the Industrial Tribunal applied the correct legal test for assignment

Ratio Decidendi

The assignment of employees to the transferred part of the business is a factual question for the Tribunal. The Industrial Tribunal correctly considered the agreement between the parties and the practical arrangements for the transfer. There was no error of law in the Tribunal's approach, and the Applicants' contracts of employment transferred to OCO under the Regulations.

Court Disposition

Appeal dismissed

Orders

  • The appeal by OCO Heating and Mechanical Engineers Ltd is dismissed.
  • No order as to costs in respect of the cross-appeal.