Johnson Controls Ltd v Campbell & UK Atomic Energy Authority [2012] UKEAT/0041/12/JOJ
Posted In: Case Law-
Case Reference
UKEAT/0041/12/JOJ -
Legal Body
Employment Appeal Tribunal (UKEAT) -
Type of Claim / Jurisdiction
Transfer of Undertaking (TUPE)
This case involved an appeal from the decision on a preliminary issue in a claim by the Claimant for unfair dismissal and a statutory redundancy payment. The issue for determination was whether there had been a TUPE transfer of the Claimant's employment from the First Respondent (the Appellant) to the Second Respondent (the Respondent).
The transfer in question was said to have occurred by reason of a service provision change, for which provision is made by the Transfer of Undertakings (Protection of Employment) regulations 2006 (reg 3(1)(b); in this case, (iii)). The Employment Judge found that the Claimant had been employed in 1986 as a site coordinator at Harwell. However, the duties he
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