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Directors not part of ‘organised grouping of employees’ under TUPE

David Reid
17th Aug 2012

Recently, the EAT has upheld a decision that directors of a housing charity providing services to a local authority did not transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) when the service was taken in-house.

 

Whilst a service provision change was clearly in existence, the EAT found that because the directors carried out strategic roles concerned with the running and maintenance of the transferring entity, rather than with the direct provision of the services to the local authority, they were not part of the organised grouping of employees under TUPE.

 

The full case can be found here (Case name: Edinburgh Home-Link Partnership and others v The City Of Edinburgh Council and others UKEATS/0061/11)

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