Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland
Home / Articles / Jackson Lloyd Ltd & Mears Group PLC v Smith & Ors [2014]
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Jackson Lloyd Ltd & Mears Group PLC v Smith & Ors [2014]

Posted In: Case Law
  • Case Reference
    0127_13_0404
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Collective and Trade Union Issues, Transfer of Undertaking (TUPE)
Issues covered: Transfer of Undertakings; Share Purchase; Failure to Consult; Protective Awards

This is a very unusual case of a purchase of shares being identified as leading to a transfer of an undertaking. 

Jackson Lloyd Ltd (JL) was engaged in the repair and maintenance of social housing and had some 400-500 employees. It got into severe financial difficulties and Mears Ltd (ML), the subsidiary company of Mears Group Plc (MG), purchased 100% of the shares of JL.

So far, so not TUPE i.e. it is the ownership of the entity operating the business that changes hands in a share sale and not the ownership of the actual business itself. Assuming TUPE did not apply, no consultation over a TUPE transfer took place with employee representatives.

So, what made this share purchase, which the

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This article is correct at 24/10/2014
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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