EAT TRANSFER OF UNDERTAKINGS – Transfer
TUPE. Service provision change. Tribunal erred in law in finding that the Claimant’s employment had transferred under TUPE. On the findings in fact, the Claimant (the Second Respondent) himself could not be an ‘organised grouping of employees’ nor was it shown that the Claimant had as his principal purpose the activities which were taken ‘in house’ by the Appellant’s client (the First Respondents).
Cross appeal under reference to regulation 15 of TUPE was ill founded. The fact that a transferee was already a party to Tribunal proceedings did not relieve transferors of the obligation to give notice under reg 15(5).
Judges:
Lady Smith
Citations:
[2012] UKEAT 0034 – 11 – 1904
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459930