Superclean Services v Douglas & Anor [1997] UKEAT 692_97_1002 (10 February 1997)
The appeal was allowed because, following the decision in Süzen, the mere change of cleaning contractor without transfer of assets or workforce does not amount to a transfer of an undertaking under TUPE, rendering the Industrial Tribunal's decision legally incorrect.
- Citation
- [1997] UKEAT 692_97_1002
- Parties
- Appellant: Superclean Support Services Plc; Respondent: Mr Douglas; Respondent: Eurochange Plc
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 February 1997
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal
- Outcome
- appeal allowed
- Legal Topics
- Transfer of Undertakings, Unfair Dismissal, TUPE Regulations, European Directive 77/187/eec
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Superclean Support Services Plc
Appellant
Mr Douglas
Respondent
Eurochange Plc
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Legal Issues
- 1 Whether the Transfer of Undertaking Protection of Employment Regulations 1981 (TUPE) applied to the change in cleaning contracts
- 2 Whether there was a relevant transfer of an undertaking under TUPE
- 3 Whether the dismissal of Mr Douglas was automatically unfair
Ratio Decidendi
The appeal was allowed because, following the decision in Süzen, the mere change of cleaning contractor without transfer of assets or workforce does not amount to a transfer of an undertaking under TUPE, rendering the Industrial Tribunal's decision legally incorrect.
Court Disposition
appeal allowed
Orders
- Decision and order of the Industrial Tribunal set aside
- Order in respect of costs set aside
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment