Gallagher & Ors v British Fuels Ltd, Court of Appeal - United Kingdom Employment Appeal Tribunal, November 01, 1999, [1999] UKEAT 172_96_0111

Resolution Date:November 01, 1999
Issuing Organization:United Kingdom Employment Appeal Tribunal
Actores:Gallagher & Ors v British Fuels Ltd
 
FREE EXCERPT

Copyright 1999

Appeal No. EAT/172/96

EMPLOYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 27 July 1999

Judgment delivered on 1 November 1999

Before

THE HONOURABLE MR JUSTICE CHARLES

MR P R A JACQUES CBE

MR K M YOUNG CBE

MR P GALLAGHER & OTHERS APPELLANTS

BRITISH FUELS LTD RESPONDENTS

Transcript of Proceedings

JUDGMENT

Revised

EAT/172/96

APPEARANCES

EAT/172/96

- 6 -

MR JUSTICE CHARLES:

This case arises out of the transaction which was the subject of the Meade and Baxendale litigation which went to the House of Lords (see British Fuels v Baxendale & Another and Wilson & Others v St Helens Borough Council [1998] ICR 1141 ``the Meade and Baxendale case'').

The appellant (Mr Gregory) argues that his position is unique and different to that of the employees whose claims were the subject of the cases before the House of Lords and therefore he maintains that his claim is not covered by the decisive reasoning of the Meade and Baxendale case.

Although some of them are not dealt with by the Employment Tribunal the facts are not disputed. Essential background facts are as follows:

National Fuels Distributors Limited (NFD), a subsidiary of British Coal (BC) merged with, and its business was transferred to, British Fuels Ltd (BFL) on 1 September 1992,

at the time of the merger NFD and BFL were of the view that the merger did not result in a TUPE transfer,

it is now accepted that the merger was a TUPE transfer,

Mr Gregory was an employee of NFD,

on the occasion of the merger the ``package'' was that all the employees of NFD were dismissed receiving redundancy payments under the BC schemes and were offered immediate reengagement by BFL on its standard terms which were less favourable than NFD's,

the dismissal and the offer of re-engagement were contained in letters both dated 20 August 1992 and sent out by NFD and BFL respectively, both letters were addressed to the employees at their place of work,

the letter of dismissal dated 20 August 1992 written by NFD to all its employees dismissed the employees with effect from 28 August 1992 (which was a Friday and Monday 31 August was a Bank Holiday),

the letter dated 20 August 1992 written by BFL offered new employment from 1 September 1992 and asked that such offer be accepted by 26 August 1992,

at the time the letters of 20 August were sent out, and at the date of the transfer, Mr Gregory was on holiday,

there are no findings by the Employment Tribunal as to where, when or...

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