Addleshaw Goddard

UK 200 2013 position: 23

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…

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