Seawell Ltd v CEVA Freight (Uk) Ltd & Anor (Transfer of Undertakings : Transfer) [2012] UKEAT 0034_11_1904 (19 April 2012)

Seawell Ltd v CEVA Freight (Uk) Ltd & Anor (Transfer of Undertakings : Transfer) [2012] UKEAT 0034_11_1904 (19 April 2012)

Mr Moffat's employment did not transfer to Seawell under TUPE because there was no organised grouping of employees with the principal purpose of carrying out activities for Seawell; Mr Moffat alone did not constitute such a grouping, and Ceva owed no duty to inform and consult him individually under TUPE.

Citation
[2012] UKEAT 0034_11_1904
Parties
Appellant: Seawell Ltd; First Respondent: Ceva Freight (UK) Ltd; Second Respondent: Mr Moffat
Jurisdiction
United Kingdom
Judgment Date
19 April 2012
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal upheld; cross-appeal dismissed
Legal Topics
TUPE, Service Provision Change, Unfair Dismissal, Duty to Inform and Consult
Employment Law TUPE Service Provision Change Unfair Dismissal Duty to Inform and Consult

Case Brief

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Parties

Seawell Ltd

Appellant

Ceva Freight (UK) Ltd

First Respondent

Mr Moffat

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Mr Moffat's employment transferred to Seawell under TUPE
  2. 2 Whether there was an organised grouping of employees with principal purpose of carrying out activities for Seawell
  3. 3 Whether Ceva breached duty to inform and consult under TUPE

Ratio Decidendi

Mr Moffat's employment did not transfer to Seawell under TUPE because there was no organised grouping of employees with the principal purpose of carrying out activities for Seawell; Mr Moffat alone did not constitute such a grouping, and Ceva owed no duty to inform and consult him individually under TUPE.

Court Disposition

Appeal upheld; cross-appeal dismissed

Orders

  • Finding that Mr Moffat's employment did not transfer to Seawell
  • Finding that Mr Moffat was unfairly dismissed by Ceva