McConnell v WM Morrisons Supermarkets Ltd [2026]
Decision Number: EAT 149 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 22/10/2026
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Claimant:
KP McConnell
Respondent:
WM Morrisons Supermarkets Ltd
Summary

The claimant was partially successful on appeal relating to victimisation but not in relation to an argument that such victimisation relating to a team move should be considered in determining whether he was part of a grouping for TUPE purposes.

Background

The lawfulness of a team move is not a factor in determining whether an individual is part of a grouping for TUPE purposes. 

The claimant began employment with the respondent in May 2000 in their distribution centre.  In 2010, the claimant developed a disabling back condition.  Following an occupational health review in late 2019/early 2020 a decision was made by the respondent to transfer the claimant to the Returns and Recycling Unit.  The claimant disagreed

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Disclaimer 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. This article is correct at 22/10/2026