A school, which had been operated by Quakers as a registered charity, had been sold to a company. The issue was whether or not this was a transfer covered by TUPE. The Industrial Tribunal, the Employment Appeal Tribunal held that it was not, on the ground that the school was not a business or undertaking ‘in the nature of a commercial venture’.
Held: the decision of the EAT was confirmed.
Citations:
[1987] IRLR 98
Jurisdiction:
England and Wales
Cited by:
Cited – Alderson and others v Secretary of State for Trade and Industry CA 8-Dec-2003
The claimant had been employed in a government department, the work of which was transferred to a private company. He sought to claim compensation for the adverse changes in his contract.
Held: At the time, the Regulations gave protection only . .
Cited – Birch v Nuneaton and Bedworth Borough Council EAT 1995
‘The decision in the Commission’s case was on the basis of a concession made by the United Kingdom that non-profit-making organisations are excluded by the Regulations. That concession is not binding on the parties, or on the industrial tribunal or . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 May 2022; Ref: scu.189897
