Employment law manual updates: TUPE
The TUPE section of the Employment law manual has been updated to include information on cases relating to the definition of a service provision change, assignment to a transferred undertaking and continuity of employment.
- Ferreira da Silva e Brito and others v Estado Português [2015] IRLR 1021 ECJ - the issue was whether or not there had been a transfer under the Acquired Rights Directive (2001/23/EC) where the entity taken over had not retained a separate identity, but a functional link between the assets and employees acquired had remained that enabled the activities of the entity to continue.
- Inex Home Improvements Ltd v Hodgkins and others EAT/0329/14 - the question was whether or not employees absent from work because of a temporary lay off were part of an "organised grouping" of employees before a service provision change.
- BT Managed Services Ltd v (1) Edwards (2) Ericsson Ltd [2015] IRLR 994 EAT - the Employment Appeal Tribunal was asked to decide if an individual not working because of health problems, but retained as an employee to receive permanent health insurance payments, was assigned to the organised grouping of employees for the purposes of a TUPE transfer.
- Services for Education (S4E Ltd) v (1) White and (2) Birmingham City Council EAT/0024/15 - the issue was whether or not the employee was employed at the "time of the transfer" to establish continuity of employment for an unfair dismissal claim.
