EAT Transfer of Undertakings: Entity – In considering whether there has been a service provision change within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 Regulation 3(1)(b)(i) the Employment Judge failed to reach permissible conclusions on the facts. He appears to have relied upon facts which did not support a conclusion that at the relevant time, immediately before the change of provider, Millbrook had an organised grouping of employees whose principal purpose was to carry out relevant activities for the relevant client. The Employment Judge relied on facts relevant to carrying out such activities in general rather than to carrying out such activities for the relevant client and did not adequately address the issue of what the principal purpose of the organised grouping of workers was at the relevant time. Finding that there was a service provision change within the meaning of TUPE Regulation 3(1)(b) set aside.
Slade DBE J
[2016] UKEAT 0273 – 15 – 0906
Bailii
Transfer of Undertakings (Protection of Employment) Regulations 2006 3(1)(b)
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.565390
