BT Managed Services Ltd v Edwards & Anor [2015]

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