Numast & Anor v P & O Scottish Ferries & Ors [2005] UKEAT 0060_04_2302 (23 February 2005)

Numast & Anor v P & O Scottish Ferries & Ors [2005] UKEAT 0060_04_2302 (23 February 2005)

Section 2 of the European Communities Act 1972 does not render ultra vires the extension of TUPE protection to workers not required by the Acquired Rights Directive; the Tribunal was entitled to find a transfer of an undertaking including seafarers and maintenance staff; Regulation 2(2) of TUPE is not ultra vires; the ferry service constituted a stable economic entity which was transferred as a going concern to Northlink.

Citation
[2005] UKEAT 0060_04_2302
Parties
Appellants: NUMAST and Mr. Paul Allardyce; Respondents: P&O Scottish Ferries Ltd (POSF) and POSF (Bermuda) Ltd; Respondents: Northlink Orkney and Shetland Ferries Ltd and Northlink Services Ltd
Jurisdiction
United Kingdom
Judgment Date
23 February 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Transfer of Undertakings, TUPE, Acquired Rights Directive, Ultra Vires, Stable Economic Entity, Seafarers' Employment
Employment Law European Law Transfer of Undertakings TUPE Acquired Rights Directive Ultra Vires Stable Economic Entity Seafarers' Employment

Case Brief

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Parties

NUMAST and Mr. Paul Allardyce

Appellants

P&O Scottish Ferries Ltd (POSF) and POSF (Bermuda) Ltd

Respondents

Northlink Orkney and Shetland Ferries Ltd and Northlink Services Ltd

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Hearing

Legal Issues

  1. 1 Does TUPE apply to the transfer of a ferry service including seafarers and shore staff?
  2. 2 Is Regulation 2(2) of TUPE ultra vires under the European Communities Act 1972?
  3. 3 Was there a stable economic entity and was it transferred as a going concern?

Ratio Decidendi

Section 2 of the European Communities Act 1972 does not render ultra vires the extension of TUPE protection to workers not required by the Acquired Rights Directive; the Tribunal was entitled to find a transfer of an undertaking including seafarers and maintenance staff; Regulation 2(2) of TUPE is not ultra vires; the ferry service constituted a stable economic entity which was transferred as a going concern to Northlink.

Court Disposition

appeal dismissed

Orders

  • NUMAST appeal dismissed
  • Mr Allardyce appeal dismissed