BT Managed Services Ltd v Edwards and another UKEAT/0241/14; (2015) EMPLR 060
Employment Appeal Tribunal (EAT)
HHJ Serota QC
Employees who 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.
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