Case 2401728/2023 · Employment Tribunal
Mr S McCall v J & J Ormerod plc — 2023
- Case reference
- 2401728/2023
- Decision date
- 6 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cookson REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Mr S McCall
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing in public on 26 and 27 October 2023, Employment Judge Cookson found that there had been a transfer of part of an undertaking within regulation 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 from Interior Contracts (Kitchens) Ltd to J & J Ormerod PLC. The tribunal identified the transferred part as the part undertaking the design and installation of kitchens for the new homes market, excluding the part of the undertaking concerned with the manufacturing of kitchens.
The tribunal did not decide the separate question of whether Mr McCall was assigned to the transferred part of the undertaking for the purposes of regulation 4(1) of TUPE. That issue was reserved and was to be dealt with in a separate judgment. The written record of the decision was dated 30 October 2023 and sent to the parties on 6 November 2023.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The tribunal found that there had been a transfer of part of an undertaking under regulation 3(1)(a) of TUPE from Interior Contracts (Kitchens) Ltd to the respondent. The issue whether the claimant was assigned to the transferred part under regulation 4(1) was reserved for a separate judgment. | Upheld | — | — |
Legal tests applied
2 references- regulation 3(1)(a) TUPE 2006
- regulation 4(1) TUPE 2006
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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