OCO Mechanical Engineers Ltd v Bissett & Ors

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 20 February 1998 Before

JUDGE PETER CLARK : The three Applicants before the London (South) Industrial Tribunal were employed as Service Engineers by Ellis Tylin Benham (Ellis). Until 30 April 1995 they worked pursuant to a contract made between Ellis and City of Westminster Council (Westminster) for the provision by Ellis of general mechanical and electrical work in what were then designated by Westminister as Housing Areas A and B. The third Housing Area, Area C, within Westminster's boundaries, was serviced by its own Direct Services Organisation (DSO).

Prior to 30 April these and other services were put out to competitive tender. Ellis lost their contract; so too did the DSO. The mechanical and electrical services were parcelled out to three new contractors; OCO (the Appellants before us), Seaflame and Goddard Building Ltd.

Taking into account the overlaps between the pre-transfer breakdown of services, and the new contractual boundaries, Ellis did their best to assign their staff allocated to the Westminster contract to the three incoming contractors. Some went to Goddard; some to Seaflame and the three Applicants were assigned to OCO.

The Tribunal found that at a meeting held at OCO's offices on 25 April 1995, attended by the three Applicants and Mr Harrison, an OCO Manager, the Applicants were told that they would start with OCO on 1 May 1995. When asked, Mr Harrison accepted that TUPE applied. Accordingly, when the Applicants left OCO's offices that day, they were clear that they would be starting on 1 May with OCO and that their employment would be continuous.