TUPE: EAT confirms that a single employee can be an 'organised grouping' of employees
The Employment Appeal Tribunal (EAT) has held that an employee transferred under the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) where: (i) she was the only member of an organised grouping; (ii) the grouping’s ‘principal purpose’ was the carrying out of the transferred activities; and (iii) she had been ‘assigned’ to that grouping. The employee had transferred to the respondent company under TUPE and therefore had sufficient continuity of employment to bring a claim for unfair dismissal. The EAT dismissed the respondent company’s appeal and allowed the employee’s claim for unfair dismissal to proceed (Rynda (UK) Ltd v Rhijnsburger).
The claimant worked for Drivers Jonas Services Company from May 2009, when she worked as portfolio manager for a number of properties in the Netherlands. Although she had also begun working on the company’s German portfolio, it was subsequently agreed (following a period of sickness) that she would concentrate exclusively on the Dutch properties.
Her employment with Drivers Jonas terminated on 31 December 2010 and she began employment with Rynda on 1 January 2011, which had assumed control of the Dutch portfolio. The claimant continued to work on the portfolio. She was dismissed by Rynda on 22 October 2011…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Update on credit developments.
An analysis of the CMA’s recent Crossrail decision.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?