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Transfer of undertakings: Rights of individual temporarily assigned to transferred undertaking did not transfer

This report relates to 1 case(s)

In Securiplan v Bademosi 9.5.03 EAT 1128/02, the EAT holds that an express finding by an employment tribunal that a complainant had been assigned on a temporary basis only to an undertaking that was TUPE-transferred, took his circumstances outside the Botzen [1986] 2 CMLR 50 and Gale [1994] IRLR 292 principles, and the tribunal had been correct to go on to hold that his rights against the transferor did not transfer to the transferee. It had been made clear to the complainant prior to the transfer date that he was shortly to revert to his duties at the original undertaking where he had worked for 21 years. Again, this took his circumstances outside the scenario envisaged by reg. 5(1) of TUPE, namely that his contract of employment would "otherwise have been terminated by the transfer".