In the recent case of Horizon Security Services Limited v Ndeze & PCS Group UKEAT/0071/14/JOJ
Andrew Worthley, a member of Magdalen Chambers’ team of Employment specialists, successfully appealed against a first instance decision relating to a TUPE transfer. Using the authority of Hunter v McCarrick  IRLR 26, Mr Worthley successfully argued that there was no transfer because of the Respondent’s failure to plead and prove continuity of client.
He was also successful in applying for reimbursement of the appeal fees paid by his client, as reported in the transcript of HHJ Eady QC available on the EAT website. In relying on Mr Worthley’s written submissions, the judge commented that, “in the present case, there can be no doubt that Horizon achieved substantial success on its appeal” and therefore exercised the court’s ‘broad discretion’ to order that the totality of fees were paid by the Respondent to the appeal.