Hobourn Automotive Ltd v Hill & Ors [1998] UKEAT 1305_98_1012 (10 December 1998)
The matter involves a mixed question of fact and law regarding whether the termination of a contract and hiring of staff constitutes a transfer under TUPE, and merits full argument before the Employment Appeal Tribunal.
- Citation
- [1998] UKEAT 1305_98_1012
- Parties
- Appellant: Second Respondents; First Respondent: Pall Mall Support Services Ltd; Third Respondent: Finchams Insulations Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 December 1998
- Procedural Posture
- Employment Appeal / Preliminary Hearing on Arguable Point of Law
- Outcome
- Appeal to proceed to full hearing
- Legal Topics
- Transfer of Undertakings, Employment Contract Termination, TUPE
Case Brief
Summary, issues, holding and outcome
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Parties
Second Respondents
Appellant
Pall Mall Support Services Ltd
First Respondent
Finchams Insulations Ltd
Third Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing on Arguable Point of Law
Legal Issues
- 1 Whether the termination of a cleaning services contract and subsequent hiring of labour force constituted a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 1981
Ratio Decidendi
The matter involves a mixed question of fact and law regarding whether the termination of a contract and hiring of staff constitutes a transfer under TUPE, and merits full argument before the Employment Appeal Tribunal.
Court Disposition
Appeal to proceed to full hearing
Orders
- Matter to be listed in Category B for one day before the Employment Appeal Tribunal
- Amendments to skeleton arguments and lists of authorities to be filed at least 14 days before hearing
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