Services For Education (S4E Ltd) v White & Anor (Transfer of Undertakings) [2015] UKEAT 0024_15_1008 (10 August 2015)

Services For Education (S4E Ltd) v White & Anor (Transfer of Undertakings) [2015] UKEAT 0024_15_1008 (10 August 2015)

The Employment Tribunal was entitled to find, as a matter of fact and degree, that the claimant was employed during 'the time of the transfer' for purposes of section 218(2) ERA, and thus continuity of employment was preserved. The appeal fails as the ET correctly directed itself in law and was entitled to hold so on the facts.

Citation
[2015] UKEAT 0024_15_1008
Parties
Appellant: Services for Education (S4E Limited); First Respondent: Mr K White; Second Respondent: Birmingham City Council
Jurisdiction
United Kingdom
Judgment Date
10 August 2015
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed; cross-appeal dismissed
Legal Topics
Transfer of Undertakings, Continuity of Employment, TUPE, Fixed Term Contracts
Employment Law Transfer of Undertakings Continuity of Employment TUPE Fixed Term Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Services for Education (S4E Limited)

Appellant

Mr K White

First Respondent

Birmingham City Council

Second Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether continuity of employment was preserved under section 212(2) Employment Rights Act 1996 after transfer of undertaking
  2. 2 Whether the Employment Tribunal was entitled to hold that the employee was employed by the transferor at the time of the transfer
  3. 3 Interpretation of 'the time of the transfer' under section 218(2) Employment Rights Act 1996

Ratio Decidendi

The Employment Tribunal was entitled to find, as a matter of fact and degree, that the claimant was employed during 'the time of the transfer' for purposes of section 218(2) ERA, and thus continuity of employment was preserved. The appeal fails as the ET correctly directed itself in law and was entitled to hold so on the facts.

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

  • Continuity of employment preserved for Mr White under section 218(2) ERA
  • No permission to advance new argument based on Fixed-term Employees Regulations 2002