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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Planned Maintenance Engineering Ltd v Lucke & Anor [1997] UKEAT 198_97_1007 (10 July 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/198_97_1007.html
Cite as: [1997] UKEAT 198_97_1007
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| At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE MORISON (PRESIDENT)
MR D J HODGKINS CB
MR P M SMITH
PLANNED MAINTENANCE ENGINEERING LTD APPELLANT
(1) MR B LUCKE
(2) AMEC FACILITIES LTD RESPONDENTS
| APPELLANT | |
(2) AMEC FACILITIES LTD |
RESPONDENTS |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING - EX PARTE
| For the Appellants | MR T LINDEN (of Counsel) Osborne Clarke Solicitors 50 Queen Charlotte Street Bristol BS1 4HE |
MR JUSTICE MORISON (PRESIDENT): The issue on this preliminary hearing is whether there is an arguable point of law. We are satisfied that there is an arguable point of law.
It would appear that the Industrial Tribunal have concluded on the facts that the transferor effectively tried to manipulate the position, whereby the applicant employee became somebody who would be subject to the Transfer of Undertakings Regulations so as to transfer him across to the transferee.
The case raises issues, therefore, as to how tribunals should approach such a case as this where there appears to have been 'dumping' of an employee. And secondly, it will give this tribunal an opportunity to revisit the decisions in Botzen and Gale in particular.
Accordingly we think that there is an arguable point of law as raised in the Notice of Appeal.