National Education Union v The Hope Learning Trust and City of York Council (England and Wales : Transfer of Undertakings) [2020] UKET 1807117/2019 (13 February 2020)

National Education Union v The Hope Learning Trust and City of York Council (England and Wales : Transfer of Undertakings) [2020] UKET 1807117/2019 (13 February 2020)

The Tribunal held that the transfer from City of York Council to The Hope Learning Trust was a relevant transfer under TUPE, and that the affected employees' rights were protected under the regulations.

Citation
[2020] UKET 1807117/2019
Parties
Claimant: National Education Union; Respondent: The Hope Learning Trust; Respondent: City of York Council
Jurisdiction
United Kingdom
Judgment Date
13 February 2020
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Transfer of Undertakings, TUPE, Employee Rights
Employment Law Transfer of Undertakings TUPE Employee Rights

Case Brief

Summary, issues, holding and outcome

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Parties

National Education Union

Claimant

The Hope Learning Trust

Respondent

City of York Council

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applied to the transfer of employees from City of York Council to The Hope Learning Trust
  2. 2 Whether the rights of the affected employees were protected under TUPE

Ratio Decidendi

The Tribunal held that the transfer from City of York Council to The Hope Learning Trust was a relevant transfer under TUPE, and that the affected employees' rights were protected under the regulations.

Court Disposition

Claim upheld

Orders

  • The transfer was a relevant transfer under TUPE
  • The rights of the affected employees are protected under TUPE