Edinburgh Home-Link Partnership (1) Morrison (2) McAleavy (3) v City Of Edinburgh Council & Ors - TUPE: service provision change, assignment to group [2012] EAT

When services previously provided under contract are taken in-house, it does not automatically follow that the employment all of the contractor's employees will transfer under the TUPE service provision change arrangements: only those assigned to the group of employees previously performing the services taken in-house will transfer. This is a question of fact to be determined in each case.

Homeless Outreach Project (HOP) and Home Link (HL), separate organisations, provided services to homeless persons in Edinburgh. From 2005 to April 2009 HL's sole client was the Council, and it provided services through service level agreements, but in April 2009 the Council took certain services (front line, rather than "strategic") provided by HL in-house. TUPE applied to the transfer.

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