Defining an undertaking

Case 3: The facts

This case considered whether the crew of a ship was transferred under TUPE, when the company that employed them lost the contract to another which did not take on any of the existing crew.

The ruling

The EAT held that there was nothing in principle that would exclude TUPE in cases like this. Its ruling confirms that the decision in the case of RCO Support Services is comprehensive, and confirms that the transfer of employees is not necessary nor conclusive in determining whether or not a transfer has taken place.

The EAT also confirmed that whether or not a transfer has taken place is generally a question of fact for the employment tribunal to decide.

Dolphin Drilling v Gordon and others EATS/0101/03