Country Weddings Ltd v Crossman & Ors (Transfer of Undertakings : Consultation and other information)

An Employment Tribunal has no jurisdiction to apportion between liable respondents an award of compensation for breach of TUPE where the applicable provision imposes joint and several liability. It must make a joint and several liability order. Any dispute between the liable parties about their respective shares is to be resolved separately under the Civil Liability (Contribution) Act 1978 in the County Court or High Court.

The claimant succeeded before the Bristol Employment Tribunal in claims including constructive unfair dismissal. The tribunal also found a breach of Regulation 15 of TUPE, arising from failures to provide transfer information and to arrange election of an employee representative.

The appeal concerned only the tribunal's compensation order. Although it referred to Regulation 59, which provided for joint and several liability, it allocated the whole compensation liability to Country Weddings Ltd. The issue was whether the Employment Tribunal could apportion that liability between the transferor and transferee.

1. Appeal allowed. The Employment Tribunal's apportionment of the compensation liability was set aside. It was replaced with an order that the compensation was the joint and several liability of both respondents.
2. Regulation 59 of TUPE required joint and several liability of the transferor and transferee. The tribunal therefore had no power to require one liable respondent alone to bear the whole award as an allocation between the respondents.
3. The Tribunal applied Todd v Strain, UKEATPA/1487/12, as authority that an Employment Tribunal cannot apportion compensation awarded under Regulation 59 and must instead make a joint and several order.
4. This result accorded with the general position for compensation awards involving more than one party liable for tortious activity. As indicated by London Borough of Hackney v Sivanandan & Ors, [2013] IRLR 408, the Employment Tribunal has no general power to apportion such liability. Questions of contribution between those jointly liable must be determined in the County Court or High Court under the Civil Liability (Contribution) Act 1978.

• Employment Appeal Tribunal: allowed the appeal, set aside the apportionment order, and substituted joint and several liability.
• Employment Tribunal, Bristol: found a breach of Regulation 15 of TUPE and apportioned the resulting compensation by making Country Weddings Ltd solely liable.