Employees of the Claimant's employer, Excel, transferred to the Respondent but talks regarding the possible transfer of the Claimant broke down and it was agreed that he would revert to being employed by Excel. Claims against the Respondent were dismissed by the ET, the ET finding that the Respondent was not his employer. The Claimant appealed.

The EAT allowed the appeal. The ET's finding that there had been an agreement between the Claimant and the Respondent about his employment reverting to Excel was not supported by the evidence and although it was not necessarily the case that there had not been an agreement, the ET's finding in this regard was open to question. The case was remitted to a fresh Tribunal.