Dillon & Ors v Todd & Anor [2011] UKEAT 0010_11_2109 (21 September 2011)

Dillon & Ors v Todd & Anor [2011] UKEAT 0010_11_2109 (21 September 2011)

Where the EAT makes an order under regulation 15(8) of TUPE not made or differing from that of the ET, the time limit for individual enforcement proceedings runs from the date of the EAT's order. Alternatively, if claimants were reasonably ignorant of the enforcement procedure, it was not reasonably practicable to bring claims in time, and they acted promptly once aware.

Citation
[2011] UKEAT 0010_11_2109
Parties
Appellant: Robert Dillon and 27 others; First Respondent: Ms. Sheena Todd; Second Respondent: Care Concern GB Ltd.
Jurisdiction
United Kingdom
Judgment Date
21 September 2011
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Transfer of Undertakings, Collective Consultation, Time Limits, Enforcement of Tribunal Awards
Employment Law Transfer of Undertakings Collective Consultation Time Limits Enforcement of Tribunal Awards

Case Brief

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Parties

Robert Dillon and 27 others

Appellant

Ms. Sheena Todd

First Respondent

Care Concern GB Ltd.

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 When does the time limit for bringing enforcement proceedings under regulation 15(10) of TUPE begin to run?
  2. 2 Was it reasonably practicable for the appellants to bring their claims within the prescribed time limit?

Ratio Decidendi

Where the EAT makes an order under regulation 15(8) of TUPE not made or differing from that of the ET, the time limit for individual enforcement proceedings runs from the date of the EAT's order. Alternatively, if claimants were reasonably ignorant of the enforcement procedure, it was not reasonably practicable to bring claims in time, and they acted promptly once aware.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the Employment Tribunal to determine amounts due to each appellant if not agreed