RCO Support Services Ltd v Unison

RCO Support Services v Unison [2002] EWCA Civ 464 is a UK labour law case concerning transfers of undertakings, and the job security rights of employees.

Patient services of the Walton branch of Aintree Hospitals NHS Trust were transferred to two wards in Fazakerley.

Cleaners, through ‘Initial Hospital Services’, had refused to take jobs, on worse terms, with RCO doing the same thing.

The EAT noted that it was not sorry to conclude that the Tribunal was correct to hold there was a transfer of an entity which retained its identity.

Mummery LJ noted that RCO relied on Paul Davies’ discussion of the ‘checkered history’ of the background to the Süzen decision.