Lawyers representing ILab Facilities have lodged an appeal against the verdict by a pre-hearing industrial tribunal (Broadcast, 17.07.10) convened to investigate the employment entitlements of 10 former Rocket Post staff who are
claiming unfair dismissal.
In the original verdict, it was concluded that there was a relevant transfer relating to Regulation 3 of the Transfer of Undertakings (Tupe) legislation from the company with which Rocket merged, ILab UK, to ILab Facilities, and that this included the economic entity of post-production work.
The appeal will centre on the original tribunal having not found “as fact” that ILab Facilities had ever undertaken any post-production work previously undertaken by ILab UK, and that the tribunal had “disregarded or failed to consider”
evidence put forward that it had not undertaken the work.
The claimant’s representative, James Goldman, said: “Mistakes have to be mistakes of law, not just that the Employment Appeal Tribunal would have come to a slightly different decision.”
An outcome would “probably take months,” he added.