EAT TRANSFER OF UNDERTAKINGS – Service provision change
The Employment Tribunal was entitled to find that there was no TUPE transfer (whether a transfer of undertaking or a service provision change) where residents of a care home operated by an NHS Trust were rehoused in individual homes; and the Claimant care workers, formerly employed by the NHS Trust at the care home, were then offered employment by the Second or Third Respondents, in most cases to sleep in at the service users’ homes. The economic entity did not retain its identity, and the services provided were not fundamentally or essentially the same after the change as they had been before.
Judges:
Bean J
Citations:
[2011] UKEAT 0037 – 11 – 1907
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 September 2022; Ref: scu.441971