European Metal Recycling v Sims Group UK Ltd: (England and Wales : Transfer of Undertakings) [2017] UKET 1300022/2017 (20 June 2017)

European Metal Recycling v Sims Group UK Ltd: (England and Wales : Transfer of Undertakings) [2017] UKET 1300022/2017 (20 June 2017)

The Tribunal held that the transaction constituted a relevant transfer under TUPE and that employees' rights transferred from the claimant to the respondent.

Source-derived case information.

Citation
[2017] UKET 1300022/2017
Parties
Claimant: European Metal Recycling; Respondent: Sims Group UK Ltd
Jurisdiction
United Kingdom
Judgment Date
20 June 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim allowed
Legal Topics
Transfer of Undertakings, TUPE, Employee Rights
Employment Law Transfer of Undertakings TUPE Employee Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

European Metal Recycling

Claimant

Sims Group UK Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applied to the transaction between the parties
  2. 2 Whether employees' rights transferred from one employer to another

Ratio Decidendi

The Tribunal held that the transaction constituted a relevant transfer under TUPE and that employees' rights transferred from the claimant to the respondent.

Court Disposition

Claim allowed

Orders

  • Employees' rights transferred to the respondent under TUPE