OCS Group UK Ltd v. Jones & Anor [2009] UKEAT 0038_09_0408 (4 August 2009)

OCS Group UK Ltd v. Jones & Anor [2009] UKEAT 0038_09_0408 (4 August 2009)

The Tribunal was entitled to find, as a matter of fact and degree, that the activities under the new contract were not fundamentally or essentially the same as those under the previous contract, as the service changed from a full canteen with hot food preparation to dry goods kiosks with no hot food, and thus TUPE did not apply.

Citation
[2009] UKEAT 0038_09_0408
Parties
Appellant: OCS Group Ltd; First Respondent: Mrs Jones; Second Respondent: Miss Ciliza
Jurisdiction
United Kingdom
Judgment Date
04 August 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE Regulations, Service Provision Change, Employment Contracts
Employment Law Transfer of Undertakings TUPE Regulations Service Provision Change Employment Contracts

Case Brief

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Parties

OCS Group Ltd

Appellant

Mrs Jones

First Respondent

Miss Ciliza

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the activities carried out by the new contractor were fundamentally or essentially the same as those carried out by the previous contractor for the purposes of Regulation 3(1)(b)(ii) of the TUPE Regulations 2006
  2. 2 Whether the Employment Tribunal applied the correct approach in determining if a service provision change occurred under TUPE

Ratio Decidendi

The Tribunal was entitled to find, as a matter of fact and degree, that the activities under the new contract were not fundamentally or essentially the same as those under the previous contract, as the service changed from a full canteen with hot food preparation to dry goods kiosks with no hot food, and thus TUPE did not apply.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal denied
  • Transcript to be produced as requested