BT Managed Services Ltd v Edwards UKEAT/0241/14

Permanently incapacitated employee did not transfer under TUPE

Under Regulation 3(3)(a) Transfer of Employment (Protection of Employment) Regulations 2006 there must be an organised grouping immediately before a service provision change which has as its principal purpose the carrying out of activities for the client. Regulation 4(1) transfers those employees who are assigned to the organised grouping. When determining whether an employee is assigned, a tribunal must look at all the facts and take into account all relevant circumstances.

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