Rynda (UK) Ltd v Rhijnsburger (Transfer of Undertakings : Service Provision Change) [2013] UKEAT 0570_12_0909 (9 September 2013)

Rynda (UK) Ltd v Rhijnsburger (Transfer of Undertakings : Service Provision Change) [2013] UKEAT 0570_12_0909 (9 September 2013)

The Employment Judge correctly found that immediately before the service provision change, the claimant was the only member of an organised grouping with the principal purpose of managing the Dutch H20 properties, assigned to that group, and thus a relevant TUPE transfer occurred, preserving continuity of employment for the unfair dismissal claim.

Citation
[2013] UKEAT 0570_12_0909
Parties
Claimant: Ms Rhijnsburger; Respondent: Rynda (UK) Ltd
Jurisdiction
United Kingdom
Judgment Date
09 September 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
TUPE Transfer, Service Provision Change, Continuity of Employment, Unfair Dismissal
Employment Law TUPE Transfer Service Provision Change Continuity of Employment Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ms Rhijnsburger

Claimant

Rynda (UK) Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether there was a TUPE transfer of the claimant's employment
  2. 2 Whether there was an organised grouping of employees with principal purpose of carrying out transferred activities
  3. 3 Whether the claimant was assigned to that grouping

Ratio Decidendi

The Employment Judge correctly found that immediately before the service provision change, the claimant was the only member of an organised grouping with the principal purpose of managing the Dutch H20 properties, assigned to that group, and thus a relevant TUPE transfer occurred, preserving continuity of employment for the unfair dismissal claim.

Court Disposition

Appeal dismissed

Orders

  • Tribunal has jurisdiction to hear the claimant's unfair dismissal complaint
  • No error of law in Employment Judge's findings