TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr John McMullen in his latest update.
Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
In BT Managed Services Ltd v Edwards and another  IRLR 994 EAT, the EAT held that an employee on permanent sick leave who had remained on the employer's books was not "assigned" to the organised grouping that transferred under TUPE on a service provision change.
Hyde Housing Association Ltd and others v Layton  IRLR 107 EAT, the EAT held that there was no TUPE transfer when an employee became employed by a group of entities that included his original employer, because the legal relationship between the employee and the original employer had not changed.
Laying off employees before a service provision change does not necessarily prevent them from transferring to the new employer under TUPE. Lindsay Macdonald reports on a recent case at the Employment Appeal Tribunal (EAT).
Amanda Steadman is a professional support lawyer, Iain Naylor, Lucy Sorell and Rachael Wake are associates, and Jessica-Alice Curtis is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that there is no relevant TUPE transfer where a restructure results in an employee moving from an employment contract with one employer to an employment contract with several employers, including the original employer.
Jessica Alice-Curtis is a trainee solicitor, Lucy Melville is a paralegal and Nigel Cousin, David Rintoul and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
An Employment Appeal Tribunal 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.
HR and legal information and guidance relating to TUPE.