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TUPE: Pass the parcel

02 October 2015  

A service provider that inherited an employee on long-term sick leave following a transfer was unable to move him on when it later lost the contract to another provider. Matthew Towers and Emily Skinner investigate

In a recent service provision change decision, the Employment Appeal Tribunal (EAT) has held that an employee on long-term sick leave did not transfer when a contract on which he had previously worked was retendered. The EAT held that employees on permanent sick leave with no prospect of returning to work, but who remain ‘on the books’ merely for administrative or historic purposes, will not be regarded as ‘assigned’ to an organised grouping. This is due to their permanent lack of participation in the transferring activities.

 

Additional Info

  • Case(s) Referenced:

    BT Managed Services Ltd v Edwards & anor [2015] UKEAT/0241/14/MC

    C-186/83 Botzen & ors v Rotterdamsche Droogdok Maatschappij BV [1985] ECR 00519

    Fairhurst Ward Abbotts Ltd v Botes Building Ltd & ors [2004] EWCA Civ 83

Last modified on 07 October 2015