Whitewater Leisure Management Ltd v Barnes [2000] 4 WLUK 543

leisure centre, TUPE, transfer, business, undertaking

Whitewater Leisure Management Ltd v Barnes [2000] 4 WLUK 543 is an Employment Law case concerning the Transfer of Undertakings (Protection of Employment). 

Facts:

Whitewater Leisure Management Ltd (W) received a management contract. The contract was to run a leisure centre. Moreover, the leisure centre was owned by the local authority (X). However, the contract expired. Therefore, Barnes (B) and the other employees of W became redundant. However, B and the other employees argued that an undertaking had been transferred. 

Issue: 

However, was there a relevant transfer of undertaking under regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 1981? Also, was there an economic entity? 

Held: 

No. However, W appealed against this decision. W asserted that the tribunal did not consider whether a separate economic entity existed. Nevertheless, in Whitewater Leisure Management Ltd v Barnes, W’s appeal failed. 

Applied: Spijkers v Gebroeders Benedik Abattoir CV (24/85) 

References: [2000] 4 WLUK 543, [2000] I.C.R. 1049, [2000] I.R.L.R. 456, [2000] C.L.Y. 2232

Read our notes on the Transfer of Undertakings (Protection of Employment) Regulations for more information. 

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