EAT Transfer of Undertakings : Service Provision Change – JURISDICTIONAL POINTS – Continuity of employment
Unfair dismissal claim. Employee only having sufficient continuity of employment if she could establish an earlier TUPE transfer.
Service provision case. Employee in an organised grouping of which she was the only member. Issue whether carrying out the transferred activities was the ‘principal purpose’ of the grouping and whether the employee had been ‘assigned’ to that group.
Employment Judge found facts establishing that the conditions in TUPE Reg 3 were satisfied.
Appeal dismissed. Judge had correctly applied the law to her findings of fact.
Luba QC Rec
[2013] UKEAT 0570 – 12 – 0909
Bailii
Transfer of Undertakings (Protection of Employment) Regulations 2006
England and Wales
Employment
Updated: 20 November 2021; Ref: scu.515408