RJ Heathman Ltd (t/a County Contractors) & Ors v Quadron Property Services Ltd & Ors (Transfer of Undertakings : Transfer)

It is important for Employment Tribunals in this relatively complicated statutory framework to be left to make the simple factual decisions, which are called for by the text of the statutory instrument.� That is what the Employment Tribunal had done and the appeal was dismissed.

Evidence was given on behalf of County that it was unaware of the fact that QPSL had gone into administration or that it was taking on work previously done by QPSL.� The Employment Tribunal did not accept that and held that County was aware that it was taking on work previously done by QPSL (see paragraph 26 of the Reasons).� Indeed, the Employment Tribunal said (see paragraph 27 of the Reasons) that it:

�� found as a fact that County Contractors took on all of the work previously allocated to Quadron from 17 November 2009.�

The Employment Tribunal directed itself as to Regulation 3 of TUPE by setting out its terms at paragraphs 35 to 37 and as to Regulation 4 by setting out the terms of that Regulation at paragraphs 38 and 39.� It considered the exceptional circumstances of �relevant insolvency proceedings� at paragraph 42 and directed itself in accordance with the Judgment of the Court of Appeal in Key2Law (Surrey) LLP v De�Antiquis [2012] IRLR 212 that:

�� any insolvency involving the appointment of an administrator falls within the regulation 8(6) TUPE definition.�