Cavan Industrial Cleaning Services Limited [TU29-TU36/2013]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Transfer Regulations (TUPE)
Issues covered: Transfer of Undertaking; Change of Service Provider

This case concerned the awarding of a cleaning service contract to a new service provider. The employees argued that a transfer had taken place within the meaning of the Regulations as tangible assets including the central vacuum system and the washing machines transferred to the new service provider. However, evidence was adduced regarding the fact that these assets belonged to a third party and were thereby incapable of transfer. In the circumstances, the Tribunal was satisfied that no assets, tangible or intangible, had transferred and that the service undertaking previously entrusted with the service contract did not, on losing the contract, cease to fully exist. The EAT therefore

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This article is correct at 25/11/2015

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Breda O'Malley
Hayes Solicitors

The main content of this article was provided by Breda O'Malley. Contact telephone number is +353 1 662 4747 or email

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