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High Court dismisses appeal from a decision of the Employment Appeals Tribunal (EAT), and affirms an award of compensation to five security guards who had been employed by a provider of security services to certain state offices, but had not been retained on the same terms by a new provider following a successful tender, on the grounds that the decision of the EAT, as an expert tribunal, concerning the application of "transfer of undertakings" legislation had not been irrational or based on any error of law or fact.
Employment law - transfer of undertakings - appeal from decision of the Employment Appeals Tribunal - European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. (S.I. 131/2003.) - whether activity carried out by employees constituted a "stable economic entity" - employment as security guards - successful tender by company for provision of security services at state owned offices - whether company obliged to continue to employ security guards employed by previous provider of service - whether court should interfere with decisions of expert administrative tribunals - whether decision wrong in law - whether irrational or perverse - whether based on an unsustainable finding of fact.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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