WGC Services Ltd v Oladele & Ors (Transfer of Undertakings : Service Provision Change) [2014] UKEAT 0091_14_1607 (16 July 2014)

WGC Services Ltd v Oladele & Ors (Transfer of Undertakings : Service Provision Change) [2014] UKEAT 0091_14_1607 (16 July 2014)

Employment Judge failed to make sufficient findings or provide adequate reasoning to justify conclusion that claimants were assigned to an organised grouping of employees for TUPE purposes; matter requires primary findings of fact and structured analysis.

Source-derived case information.

Citation
[2014] UKEAT 0091_14_1607
Parties
Appellant: WGC Services Ltd; First Respondent: Michael Oladele; Second Respondent: Akosua Serwaa; Third Respondent: Jani-King GB Ltd
Jurisdiction
United Kingdom
Judgment Date
16 July 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Judgment set aside; matter remitted for re-hearing by freshly constituted Tribunal.
Legal Topics
Transfer of Undertakings, Service Provision Change, TUPE Assignment, Organised Grouping of Employees
Employment Law Transfer of Undertakings Service Provision Change TUPE Assignment Organised Grouping of Employees

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Summary, issues, holding and outcome

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Parties

WGC Services Ltd

Appellant

Michael Oladele

First Respondent

Akosua Serwaa

Second Respondent

Jani-King GB Ltd

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether claimants were assigned to an organised grouping of employees for TUPE purposes
  2. 2 Whether activities should be considered as a group or hotel by hotel
  3. 3 Adequacy of Employment Judge's findings and reasoning

Ratio Decidendi

Employment Judge failed to make sufficient findings or provide adequate reasoning to justify conclusion that claimants were assigned to an organised grouping of employees for TUPE purposes; matter requires primary findings of fact and structured analysis.

Court Disposition

Judgment set aside; matter remitted for re-hearing by freshly constituted Tribunal.

Orders

  • Remitted for re-hearing by a freshly constituted Employment Tribunal.