21 October 2016
Turner and another v Alno UK Ltd UKEAT/0349/15/DA, [2016] All ER (D) 65 (Oct)
The Employment Appeal Tribunal (the EAT), in allowing the appellant franchiser’s appeal, held that the employment tribunal (the tribunal) had erred in finding that a transfer, under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) had taken place following the termination of a franchise by the second respondent franchisee. The EAT held that the tribunal had failed to apply the correct, multi-factorial, approach to the question of whether a transfer of the first respondent’s employment had actually taken place.
