Numast & Anor v. P & O Scottish Ferries & Ors [2005] UKEAT 0060_04_2402 (24 February 2005)

Numast & Anor v. P & O Scottish Ferries & Ors [2005] UKEAT 0060_04_2402 (24 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, and TUPE applied to the transfer from P&O to Northlink.

Citation
[2005] UKEAT 0060_04_2402
Parties
Appellants: NUMAST and Mr. Paul Allardyce; Respondents: P&O Scottish Ferries Ltd and POSF (Bermuda) Ltd; Respondents: Northlink Orkney and Shetland Ferries Ltd and Northlink Services Ltd
Jurisdiction
United Kingdom
Judgment Date
24 February 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Decision
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

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Parties

NUMAST and Mr. Paul Allardyce

Appellants

P&O Scottish Ferries Ltd 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 Decision

Legal Issues

  1. 1 Applicability of TUPE to seafarers and maintenance staff
  2. 2 Whether Regulation 2(2) of TUPE is ultra vires
  3. 3 Existence and transfer of a stable economic entity

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, and TUPE applied to the transfer from P&O to Northlink.

Court Disposition

appeal dismissed

Orders

  • Appeal of NUMAST dismissed
  • Appeal of Mr Allardyce dismissed