At the Tribunal | |
Before
THE HONOURABLE MR JUSTICE MORISON (PRESIDENT)
MRS D M PALMER
MR A D TUFFIN CBE
APPELLANT | |
(2) EXEL/BRS LTD |
RESPONDENTS |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellants | MR A SENDALL (of Counsel) Messrs Robinsons Solicitors 83 Friar Gate Derby DE1 1FL |
For the First Respondents For the Second Respondents |
MR T LINDEN (of Counsel) Messrs Pattinson & Brewer Solicitors 30 Great James Street London WC1N 3HA THE SECOND RESPONDENT NEITHER BEING PRESENT NOR REPRESENTED |
MR JUSTICE MORISON (PRESIDENT): Owing to admirably succinct and clear arguments presented on both sides for which we are genuinely grateful, it is possible for us to give an immediate decision on what could have been regarded as a complicated and important appeal.
"In accordance with the Trade Union Reform & Employment Rights Act 1993, BRS Ltd (a subsidiary of the NFC Plc) issues this statement covering the main terms and conditions of your employment.
Details of the terms and conditions of employment are contained in a series of agreements made with the appropriate Trade Union and copies of these Agreements, or summaries of such parts as relates to your present employment, will be made available to you for reference upon application to your immediate superior/manager."
"In accordance with the Trade Union Reform & Employment Rights Act 1993, William West & Sons (Ilkeston) Ltd issues this statement covering the main terms and conditions of your employment.
Details of the terms and conditions of employment are contained in a series of agreements with the appropriate Trade Union and copies of these Agreements, or summaries of such parts as relates to your present employment, will be made available to you for reference upon application to your immediate superior/manager."
Therefore, if an employee immediately after the transfer had asked to see the documents referred to in the second part of Clause 1, William West would have made available to them those documents to which we have referred containing the name of William West wherever the name BRS Ltd had previously appeared.