Edinburgh Home Link v Hart Appeal No. UKEATS/0061/11/BI

Posted In: Case Law
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Directors; Local authorities; Service provision change; TUPE

The first claimant was a director of, and had a contract of employment with, two organisations, HOP and HL. Both organisations provided services to homeless persons. The second claimant was a director of, and had a contract of employment, with HL only but has no connection with HC. The respondent was the Council who had arranged a series of annual service agreements with HL for the period 2005 to 2009.In 2009 the Council decided to take some services „in-house‟. A subsequent transfer ensued and TUPE was applied to the transfer. The claimant‟s contracts of employment were not transferred to the transferee and they initiated proceedings to the ET,

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This article is correct at 03/08/2012

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