P&O Trans European Ltd v. Initial Transport Services Ltd & Ors [2001] UKEAT 0415_01_2609 (26 September 2001)

P&O Trans European Ltd v. Initial Transport Services Ltd & Ors [2001] UKEAT 0415_01_2609 (26 September 2001)

A change in terms and conditions of employment, such as relocation, does not constitute a change in the workforce for the purposes of Regulation 8(2); only changes in number or function qualify. The Tribunal correctly distinguished between objection to transfer and objection to terms, and found no ETO reason entailing changes in the workforce.

Citation
[2001] UKEAT 0415_01_2609
Parties
Appellant: P&O; First Respondent: Initial; Second Respondent: Ms Hulse; Third Respondent: Mr Williams; Fourth Respondent: Ms Hulme; Fifth Respondent: Mr Thomason; Sixth Respondent: Mr Phillip
Jurisdiction
United Kingdom
Judgment Date
26 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Leave to appeal granted only on the transfer ground; objection and ETO grounds dismissed.
Legal Topics
Transfer of Undertakings, Unfair Dismissal, Economic, Technical or Organisational Reason (eto), Objection to Transfer
Employment Law Transfer of Undertakings Unfair Dismissal Economic, Technical or Organisational Reason (eto) Objection to Transfer

Case Brief

Summary, issues, holding and outcome

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Parties

P&O

Appellant

Initial

First Respondent

Ms Hulse

Second Respondent

Mr Williams

Third Respondent

Ms Hulme

Fourth Respondent

Mr Thomason

Fifth Respondent

Mr Phillip

Sixth Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether there was a transfer of undertaking from Initial to P&O
  2. 2 Whether employees objected to the transfer or merely to change of location
  3. 3 Whether dismissals were automatically unfair or justified by ETO reasons

Ratio Decidendi

A change in terms and conditions of employment, such as relocation, does not constitute a change in the workforce for the purposes of Regulation 8(2); only changes in number or function qualify. The Tribunal correctly distinguished between objection to transfer and objection to terms, and found no ETO reason entailing changes in the workforce.

Court Disposition

Leave to appeal granted only on the transfer ground; objection and ETO grounds dismissed.

Orders

  • Directions for half-day hearing, Category B.
  • Skeleton arguments and photocopies of cases to be relied upon to be submitted fourteen days beforehand.