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Housing Maintenance Solutions Ltd v McAteer and others [2014] UKEAT/0440/13

Date of transfer under TUPE is when responsibility  for business is assumed

Transfers of businesses or services are often not straightforward: there is not always a clear and defined transfer date. It can often therefore be difficult to determine on what date the transferee employer takes responsibility for staff.

In Housing Maintenance Solutions Ltd v McAteer, this issue arose in the context of the provision of maintenance services to LMH, a housing association. LMH had previously outsourced this work to a number of companies including Kinetic. All employees working on the contract were employed by Kinetic. LMH set up a wholly owned subsidiary, HMS, which was formed specifically to take over Kinetic’s maintenance services to LMH. 

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