Transfer of Undertakings (Protection of Employment) Regulations 2006

Whether an employee is assigned to the transferring entity is a question of fact about where they actually work, said the EAT.

If the redeployment was unlawful, that's a matter for remedy in the discrimination claim, not a reason to unpick the TUPE transfer.

But there were other claims he brought, including disability claim, and his appeal succeeded on those points.

Why it

matters

is because employers running a TUPE exercise can rely on sensible, evidence-based assignment methods without it being derailed by disputes over how someone came to be in the team.

Employment Law Quiz Question of the Week

The quiz question was, what test is used to extend time in unfair dismissal claims? I hope you got this one.

In ABC v Hunter Coombe No. 12 Limited, the Court of Appeal has confirmed that GP, which protects employees' rights and employment-related liabilities when a business transfers, does not transfer an employer's vicarious liability to third parties.

ABC, a former psychiatric patient, alleged abuse and excessive restraint by hospital staff before ownership of the hospital transferred to another company under TUPE.

ABC argued that the transferor's liability passed to the transferee.

The claim failed in the High Court and the Court of Appeal unanimously dismissed the appeal, holding that TUPE is concerned with employee rights, not third party claims.

That's it for this month.

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