Jinks v London Borough of Havering Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
London Borough of Havering Council contracted with Saturn Leisure( SL) to operate an ice rink and a car park. SL sub-contracted the car park work to Regal Car Parks (RCP). The Council terminated the contract with SL and took management of the car park back in-house. Mr Jinks complained to an employment tribunal that his employment automatically transferred from RCP to the Council and their refusal to take him on amounted to an unfair dismissal.
The Employment Judge struck out the unfair dismissal claim as having no reasonable prospect of success as RCP’s client was SL, not the Council. As there was no contractual relationship between RCP and the Council, there could be no service
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