Taurus Group Ltd v Crofts & Anor (Transfer of Undertakings : Service Provision Change) [2012] UKEAT 0024_12_2205 (22 May 2012)

Taurus Group Ltd v Crofts & Anor (Transfer of Undertakings : Service Provision Change) [2012] UKEAT 0024_12_2205 (22 May 2012)

There was no relevant transfer between Reliance and Taurus because the client changed; Hunter v McCarrick requires the same client for a service provision change under TUPE.

Citation
[2012] UKEAT 0024_12_2205
Parties
Appellant: Taurus Group Limited; First Respondent: Reliance Security Services Limited (now Securitas Security Services (UK) Limited); Applicant: Neil Crofts; Second Respondent: Mansion Group
Jurisdiction
United Kingdom
Judgment Date
22 May 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed
Legal Topics
TUPE, Service Provision Change, Unfair Dismissal
Employment Law TUPE Service Provision Change Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Taurus Group Limited

Appellant

Reliance Security Services Limited (now Securitas Security Services (UK) Limited)

First Respondent

Neil Crofts

Applicant

Mansion Group

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether a service provision change under TUPE requires the client to remain the same
  2. 2 Whether employment transferred from Reliance to Taurus under TUPE

Ratio Decidendi

There was no relevant transfer between Reliance and Taurus because the client changed; Hunter v McCarrick requires the same client for a service provision change under TUPE.

Court Disposition

Appeal allowed

Orders

  • Reliance restored to the claim
  • Taurus dismissed from the claim