Eclipse UK Ltd v Fountain

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 1 December 1997 Before

MR JUSTICE MORISON (PRESIDENT): The purpose of this hearing is to determine whether there is an arguable point of law in an appeal which was raised on behalf of Eclipse UK Ltd against a decision of an Industrial Tribunal following a hearing on 7 July 1997, contained in a written decision, copies of which were sent to the parties on 16 July 1997.

We would first of all like to pay tribute to the Industrial Tribunal Chairman in particular, for the careful way he has picked his way through relatively complicated facts and relatively complicated provisions of the law, in relation to the transfer of undertakings. Secondly, we would like to pay tribute if we may to Mr West's submissions to us this morning, on behalf of the prospective Appellant.

Subsequently in 1997 there was a re-tendering process and, as a result, part of Eclipse's contract passed across to the second Respondent to the application in this case Booker & Best (who are described as B & B in the Industrial Tribunal's decision). In particular it was the Hastings contracts which were transferred to them leaving Eclipse in charge of the St Leonard's contracts.

Against that background the Industrial Tribunal then considered the question as to whether there was a transfer of an undertaking within the meaning of the Regulations in the light of the S�zen decision and other reports from the European Court of Justice.