Qlog Ltd v. O’'Brien & Ors (Transfer of Undertakings) [2014] UKEAT 0301_13_2103 (21 March 2014)

Qlog Ltd v. O’'Brien & Ors (Transfer of Undertakings) [2014] UKEAT 0301_13_2103 (21 March 2014)

The Employment Tribunal was entitled to rely on contractual documentation and its findings of fact to identify the relevant 'activities' for service provision change under TUPE. The reference to the 2005 consultation document was not central to the reasoning and caused no material injustice.

Citation
[2014] UKEAT 0301_13_2103
Parties
Appellant: Qlog Ltd; Respondent: McCarthy Haulage Ltd; Respondents: Claimants (seven employees); Client: Ribble Packaging Ltd
Jurisdiction
United Kingdom
Judgment Date
21 March 2014
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings, Service Provision Change, Natural Justice
Employment Law Transfer of Undertakings Service Provision Change Natural Justice

Case Brief

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Parties

Qlog Ltd

Appellant

McCarthy Haulage Ltd

Respondent

Claimants (seven employees)

Respondents

Ribble Packaging Ltd

Client

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether there was a service provision change under TUPE
  2. 2 Whether the Employment Tribunal erred in identifying the relevant 'activities'
  3. 3 Whether reliance on the 2005 Government Consultation document breached natural justice

Ratio Decidendi

The Employment Tribunal was entitled to rely on contractual documentation and its findings of fact to identify the relevant 'activities' for service provision change under TUPE. The reference to the 2005 consultation document was not central to the reasoning and caused no material injustice.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Employment Tribunal judgment upheld