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BT Managed Services Ltd v Edwards and another UKEAT/0241/14; (2015) EMPLR 060
2 September 2015
Employment Appeal Tribunal (EAT)
HHJ Serota QC
are assigned to the ‘organised grouping of employees’ whose activities transfer
to another service provider transfer to that new service provider under TUPE.
Here the EAT holds that those on long-term sick leave with no expectation of
future participation in the business were not ‘assigned’ to the grouping and so
did not transfer under TUPE.
E, a field operations engineer, had been off
work for over 5 years with ill health. He received Permanent Health Insurance.
When that expired, his employer continued his discretionary sick pay. When the
unit he was ‘on the books for’ transferred under TUPE, an employment tribunal
held that E was not assigned to the unit transferred and so did not transfer. The
EAT agreed, saying that, to be assigned to the transferring service, the
employee must have ‘some level of participation’ or ‘an expectation of future
participation’. The administrative connection in this case was insufficient.