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TUPE: transfer of one employee directed to work exclusively for the client (News, 17 February 2015)

Published on: 17 February 2015

Table of contents

  • Impact of this case
  • Background law
  • Background facts and previous decisions
  • Judgment of the Court of Appeal

Article summary

When determining whether there has been a service provision change under regulation 3 of TUPE 2006, and specifically whether the condition set out in regulation 3(3)(a)(i) has been met, it is necessary to (1) identify the service which the transferor was providing to the client, (2) list the activities which the staff of the transferor performed in order to provide that service, (3) identify the employee or employees of the transferor who ordinarily carried out those activities, and (4) consider whether the transferor organised that employee or those employees into a ‘grouping’ for the principal purpose of carrying out the listed activities. CA: Rynda (UK) v Rhijnsburger.

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