EAT Transfer of Undertakings – Transfer
A council contracted with a company to manage one of its properties, including an associated car park. The company sub-contracted the operation of the car park to a sub-contractor. The Claimant claimed to have been employed by the sub-contractor.
The main contract ended. The council took the management of the site and associated car parking in-house.
The Claimant contended that TUPE operated to make him an employee of the council.
The Employment Judge struck out the claim on the basis that, on the pleaded case, the council had never been the client of the sub-contractor.
TUPE Regulation 3(1)(b) refers to the ‘client’.
The Claimant appealed. Appeal allowed and a remitted to the Employment Judge to determine, on the facts, whether the council was a client of the sub-contractor.
TUPE Regulation 2(1) and Horizon Security Services Ltd v Ndeze UKEAT/0071/14/JOJ (19 May 2014) considered.
Luba QC Rec
[2015] UKEAT 0157 – 14 – 2302
Bailii
England and Wales
Employment
Updated: 30 December 2021; Ref: scu.547610