EAT TRANSFER OF UNDERTAKINGS – Service Provision Change
A local authority changed to a new contractor for gas servicing work on its council houses. The new contractor accepted that some staff transferred from the old contractor but not all. The remaining employees brought unfair dismissal claims alleging that they had transferred under the TUPE regulations.
The Employment Judge found that those employees had been assigned to an organised grouping and that the activities on which they had been engaged had transferred.
On the new contractor’s appeal, held:
1) The Judge had been entitled to find that the relevant activities has passed from old contractor to new; but
2) The Judge had failed to give adequate reasons as to why he considered that the relevant employees were assigned to an organised grouping in relation to the transferred work.
Matter to be remitted to the same Judge for determination on the ‘organised grouping’ point.
Luba QC Rec
[2014] UKEAT 0007 – 14 – 1007
Bailii
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.536436