RHYS Davies & Sons Ltd v Mann & Ors

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 19 September 1997 Before

JUDGE HICKS QC: The Respondents to this appeal, who were the Applicants before the Industrial Tribunal, were five persons, all male, who were Class III delivery drivers for a soft drinks manufacturer, Masons. The significance of their being Class III drivers was that they were qualified to drive heavy goods vehicles of certain categories, but not of the complete range of categories, and in particular they were not qualified to drive articulated vehicles, for which a Class I licence was required.

In February 1996 Masons agreed that the Appellants, Rhys Davies & Sons Ltd, take over the distribution of Masons products. On 7 February the Applicants were told that there would be a transfer of their employment to Rhys Davies & Sons Ltd on 12 February. That happened and all the drivers including the Applicants were taken over by the Appellants. It is common ground that the Transfer of Undertaking Regulations applied.

Following that interview they all received notices of dismissal, which after referring to the general meeting of 12 February and the individual meetings on 16 February went on to say that they would receive a discretionary severance payment, the amount to be specified in each letter on termination of their employment, subject to:

As we understand it, they all complied with those conditions and received those payments and the dismissal notices took effect.