Section 2 of the European Communities Act does not render ultra vires the extension of TUPE protection to workers for whom it is not required by the Acquired Rights Directive (in this case, seafarers employed in a ferry service). On the facts the tribunal were entitled to find that there had been a transfer of an undertaking and that both seafarers and maintenance and repair staff based on shore had been employed in the undertaking or parts transferred.
 UKEAT 0060 – 04 – 2402,  ICR 1270
England and Wales
Updated: 09 June 2022; Ref: scu.224703