Imagine a scenario where one employee spends 100% of his time working for one client. That client takes its services back in-house. Does the employee transfer to the client under TUPE?
The instinctive answer might be yes – but that will not always be right. A recent decision of the Scottish Court of Session demonstrates that it is always important to go back to the wording of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and, specifically, always consider whether there is an “organised grouping of employees […] which has as its principal purpose the carrying out of the activities concerned […]” (regulation 3(a) TUPE).
Continue Reading When is an organised grouping of employees not an organised grouping of employees? (UK TUPE update)