BT Managed Services Ltd v Edwards & Anor (Transfer of Undertakings: Service Provision Change) [2015] UKEAT 0241_14_0209 (02 September 2015)

BT Managed Services Ltd v Edwards & Anor (Transfer of Undertakings: Service Provision Change) [2015] UKEAT 0241_14_0209 (02 September 2015)

An employee who is permanently incapacitated and has no prospect of returning to work, and whose only connection to the organised grouping is administrative or historic, is not 'assigned' to that grouping for the purposes of TUPE on a service provision change. Mere administrative attachment is insufficient without participation in the grouping’s economic activity.

Citation
[2015] UKEAT 0241_14_0209
Parties
Appellant: BT Managed Services Ltd; First Respondent: Mr G Edwards; Second Respondent: Ericsson Ltd
Jurisdiction
United Kingdom
Judgment Date
02 September 2015
Procedural Posture
Employment Appeal Tribunal Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Transfer of Undertakings (protection of Employment) Regulations 2006 (tupe), Service Provision Change, Assignment of Employees, Long Term Sick Leave, Employment Status
Employment Law Transfer of Undertakings (protection of Employment) Regulations 2006 (tupe) Service Provision Change Assignment of Employees Long Term Sick Leave Employment Status

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Parties

BT Managed Services Ltd

Appellant

Mr G Edwards

First Respondent

Ericsson Ltd

Second Respondent

Procedural Posture

Employment Appeal Tribunal Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether an employee on permanent long-term sick leave is 'assigned' to an organised grouping for the purposes of TUPE on a service provision change
  2. 2 Whether mere administrative or historic connection suffices for assignment under TUPE

Ratio Decidendi

An employee who is permanently incapacitated and has no prospect of returning to work, and whose only connection to the organised grouping is administrative or historic, is not 'assigned' to that grouping for the purposes of TUPE on a service provision change. Mere administrative attachment is insufficient without participation in the grouping’s economic activity.

Court Disposition

Appeal dismissed

Orders

  • The appeal by BT Managed Services Ltd is dismissed.
  • The decision of the Employment Tribunal is upheld: Mr Edwards was not assigned to the organised grouping at the time of the service provision change and his employment did not transfer to Ericsson.