Costain Ltd v Armitage and another

Employment – Continuity. The employment judge, in determining whether the first respondent had transferred from the second respondent to the appellant when there had been a service provision change from the former to the latter, found that there had been an organised grouping. The Employment Appeal Tribunal, in allowing the appeal, held that the reasons had not disclosed that the judge had engaged with the appellant's case and, if so, what conclusions had been reached in that respect. Further, it had been unclear whether the judge had applied the correct test. Accordingly, the matter would be remitted to a fresh tribunal.