Securicor Guarding Ltd v Fraser Security Services Ltd & Ors [1996] UKEAT 350_95_1602 (16 February 1996)

Securicor Guarding Ltd v Fraser Security Services Ltd & Ors [1996] UKEAT 350_95_1602 (16 February 1996)

There was a relevant transfer of an identifiable economic entity (the guarding and security services at the Datamatic site) from Securicor to Fraser under TUPE. The employees were assigned to the Datamatic site and their rights and obligations under their contracts transferred to Fraser. The Tribunal erred in law in finding otherwise. Fraser's refusal to employ the staff on existing terms does not defeat the application of TUPE.

Citation
[1996] UKEAT 350_95_1602
Parties
Appellant: Securicor Guarding Ltd; 1st Respondent: Fraser Security Services Ltd; 2nd Respondent: Mr G Hurn; 3rd Respondent: Mr S Jenkins
Jurisdiction
United Kingdom
Judgment Date
16 February 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Issue Decision
Outcome
Appeal allowed; Tribunal decision set aside; declaration substituted
Legal Topics
Transfer of Undertakings (tupe), Continuity of Employment, Assignment of Employees, Unfair Dismissal, Contractual Rights on Transfer
Employment Law Labour Law Transfer of Undertakings (tupe) Continuity of Employment Assignment of Employees Unfair Dismissal Contractual Rights on Transfer

Case Brief

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Parties

Securicor Guarding Ltd

Appellant

Fraser Security Services Ltd

1st Respondent

Mr G Hurn

2nd Respondent

Mr S Jenkins

3rd Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Issue Decision

Legal Issues

  1. 1 Whether there was a relevant transfer of undertaking under TUPE from Securicor to Fraser
  2. 2 Whether employees were assigned to the undertaking transferred
  3. 3 Whether Securicor's obligations to employees transferred to Fraser

Ratio Decidendi

There was a relevant transfer of an identifiable economic entity (the guarding and security services at the Datamatic site) from Securicor to Fraser under TUPE. The employees were assigned to the Datamatic site and their rights and obligations under their contracts transferred to Fraser. The Tribunal erred in law in finding otherwise. Fraser's refusal to employ the staff on existing terms does not defeat the application of TUPE.

Court Disposition

Appeal allowed; Tribunal decision set aside; declaration substituted

Orders

  • Declaration that by reason of TUPE the rights and obligations of Securicor under the contracts of employment of the employees have been transferred to Fraser
  • Employees' complaints of unfair dismissal against Fraser to be set down for hearing by a fresh Industrial Tribunal