RCO Support Services Ltd & Anor v. Unison & Ors [2000] EAT 38_99_2806 (28 June 2000)
A transfer of undertaking under TUPE can occur even where neither significant assets nor a majority of the workforce are transferred; the Tribunal's factual appraisal considering all relevant circumstances was correct in law, and the appeals are dismissed.
- Citation
- [2000] EAT 38_99_2806
- Parties
- Appellant: RCO Support Services; Appellant: Aintree Hospital Trust; Appellant: Initial Hospital Services Ltd; Respondent: Binns & Others; Respondent: Foster & Others; Respondent: UNISON; Respondent: McKinlay
- Jurisdiction
- United Kingdom
- Judgment Date
- 28 June 2000
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeals dismissed
- Legal Topics
- Transfer of Undertakings, TUPE Regulations, Unfair Dismissal, Redundancy, Acquired Rights Directive
Case Brief
Summary, issues, holding and outcome
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Parties
RCO Support Services
Appellant
Aintree Hospital Trust
Appellant
Initial Hospital Services Ltd
Appellant
Binns & Others
Respondent
Foster & Others
Respondent
UNISON
Respondent
McKinlay
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether there was a transfer of undertakings under TUPE Regulations
- 2 Whether absence of asset or workforce transfer precludes a relevant transfer
- 3 Whether the Tribunal erred in law in its factual appraisal
Ratio Decidendi
A transfer of undertaking under TUPE can occur even where neither significant assets nor a majority of the workforce are transferred; the Tribunal's factual appraisal considering all relevant circumstances was correct in law, and the appeals are dismissed.
Court Disposition
Appeals dismissed
Full Case Text
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