BT Managed Services Ltd v Edwards & Anor [2015]

Posted In: Case Law
  • Case Reference
    UKEAT 0241_14_0209
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Transfer of Undertaking (TUPE)
Issues covered: Service Provision Change; Long Term Sickness Absence

The EAT has found that a long term sick employee could not have been part of an assigned grouping of workers in a TUPE service provision change situation because he was not capable of working, insofar as the employee was not expected to return. The situation might be different if the employee were not effectively permanently out sick.

Judge Serota QC, sitting along ruled that:

"I reject the submission that the ECJ in Botzen recognised that employees who might be permanently unable to work might still be assigned to the entity subject to the service provision change. Permanent inability should be distinguished from temporary inability. I am not able to accept the submission that the Employment

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This article is correct at 10/12/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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