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TUPE transfers: employee on indefinite sick leave not transferred

This report relates to 1 case(s)

BT Managed Services Ltd v Edwards and another [2015] IRLR 994 EAT

TUPE transfers | assignment to organised grouping | indefinite sick leave

An Employment Appeal Tribunal (EAT) has held that an employee, not working in his employer's business because of health problems, but retained as an employee to receive permanent health insurance (PHI) payments, was not "assigned" to the organised grouping of employees for the purposes of a TUPE transfer.