Superclean Services v Douglas & Anor [1997] UKEAT 692_97_0910

EAT

Superclean Services v Douglas & Anor

[1997] UKEAT 692_97_0910 · 1997-10-09

JUDGE D PUGSLEY :

This is a case where clearly, Suzen v Zehnacker Gebaudereinigung GmbH Krankenhausservice

[1997] IRLR 255

wending its way to the European Courts has had a dramatic effect. We think it is sufficient to say that the issues set out in the ground of appeal is that the Tribunal may well, on the basis of Dines v Initial Health Care Services Ltd

[1995] ICR 11

reached a decision which was consistent with the law as it was then believed to be. However Suzen has decided:-

"... the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract. ... The term entity thus refers to an organised grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective."

I think it is unnecessary to say any other than there is now a real arguable issue in the light of Suzen and that therefore, the matter should go to a full hearing. There is no need to amend the grounds of appeal.