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14 April 2011
Court of Appeal
Mummery J, Elias, Pattern LLJ
Regulation 4(1) of TUPE transfers to the transferee those of the transferor's employees who are ‘assigned to the organised grouping of resources or employees that is subject to the relevant transfer'; and regulation 2(1) states that ‘assigned' means ‘assigned other than on a temporary basis'. Presumably the exclusion of temporary assignments is to ensure that someone who mainly works in some other part of the business but who for a short period is required to work in the part of the business that is to transfer does not get caught by TUPE. The exclusion does not allow employees to escape the effects of TUPE by giving notice of resignation.
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