TUPE Update - October 2015

In this TUPE update, we cover two cases of interest, one in the European Court, and one in the UK Employment Appeal Tribunal.  In the former, the European Court considered the winding up of Air Atlantis and the taking over of its activities by its major shareholder, TAP.  As we will see from the commentary below, this was a classic business transfer for the purposes of the Acquired Rights Directive and, therefore, we suggest, for the purposes of TUPE.  In the latter, the EAT considered a case where an organised grouping of employees for the purposes of a service provision change TUPE transfer did not lose its status as an organised grouping of employees simply because