Dunn v The Institute of Cemetery and Crematorium Management [2011] UKEAT 0531_10_2109 (21 September 2011)

Dunn v The Institute of Cemetery and Crematorium Management [2011] UKEAT 0531_10_2109 (21 September 2011)

The time limit for bringing enforcement proceedings under regulation 15(10) of TUPE runs from the date of the EAT's order where that order was not made or was in different terms from the ET's order. Alternatively, even if the claims were out of time, it was not reasonably practicable for the appellants to bring them within the original time limit due to reasonable ignorance of the procedure, and they acted promptly once aware.

Citation
[2011] UKEAT 0531_10_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 Tribunal / Appeal Against Employment Judge's Decision on Time Limits for Enforcement Claims Under TUPE
Outcome
Appeal allowed
Legal Topics
Transfer of Undertakings (protection of Employment) Regulations 2006, Collective Consultation, Time Limits for Enforcement, Joint and Several Liability
Employment Law Transfer of Undertakings (protection of Employment) Regulations 2006 Collective Consultation Time Limits for Enforcement Joint and Several Liability

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 Tribunal / Appeal Against Employment Judge's Decision on Time Limits for Enforcement Claims Under TUPE

Legal Issues

  1. 1 From which date does the time limit for bringing enforcement proceedings under regulation 15(10) of TUPE run when the EAT makes an order not made or in different terms from the ET?
  2. 2 Whether it was reasonably practicable for the appellants to bring their claims within the prescribed time limit.

Ratio Decidendi

The time limit for bringing enforcement proceedings under regulation 15(10) of TUPE runs from the date of the EAT's order where that order was not made or was in different terms from the ET's order. Alternatively, even if the claims were out of time, it was not reasonably practicable for the appellants to bring them within the original time limit due to reasonable ignorance of the procedure, and they acted promptly once aware.

Court Disposition

Appeal allowed

Orders

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