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TUPE : Identifying the date of the transfer

03 October 2014  

A recent EAT decision has provided welcome clarity about how to determine when a TUPE transfer took place, explains Jeffrey Jupp

The precise date of a business transfer can be an issue of great significance. In Housing Maintenance Solutions Ltd (HMS) v McAteer [2014], the employment tribunal had held that a transfer occurred on 9 June 2011 and not, as the transferee, HMS, had contended, on 1 July. This exposed HMS to very substantial claims for unlawful deductions from wages and protective awards for approximately 200 employees. Some of these claims would have been avoided and others reduced if the later date was the correct date of the transfer.

Additional Info

  • Case(s) Referenced:

    Celtec Ltd v Astley & ors [2005] ICR 1409

    Housing Maintenance Solutions Ltd v McAteer & ors [2014] UKEAT/0440/13

    Wood v Caledon Social Club Ltd & anor [2010] UKEAT 0528/09/1203