EAT Transfer of Undertakings : Transfer – The Employment Judge did not err in holding that a hope and wish that following a service provision change activities would be carried out by a transferee in connection with a task of short term duration was not an intention that they would be so carried out. Accordingly the Employment Judge did not err in holding that the exception in Transfer of Undertakings (Protection of Employment) Regulations 2006 Regulation 3(3)(a)(ii) did not apply to exclude the transfer of activities from the scope of TUPE.
The Employment Judge erred in holding that a Claimant who was prohibited from carrying out work with a client, X, was assigned to the group of employees working with X which group was subject to the service provision change. Fairhurst Ward Abbotts Ltd v Botes Building and others [2003] UKEAT/1007/00/DA and [2004] IRLR 304 and United Guarding Services Ltd v St James Security Group Ltd and another [2004] UKEAT/0770/03/RN considered. Decision that the Claimant was not so assigned substituted. Accordingly the appeals in relation to Claimants 1 to 6 were dismissed and that in relation to Claimant 7 allowed.
Slade J DBE
[2014] UKEAT 0336 – 13 – 1303
Bailii
Transfer of Undertakings (Protection of Employment) Regulations 2006 3(3)(a)(ii)
England and Wales
Employment
Updated: 01 December 2021; Ref: scu.522643
