John McMullen tackles the latest TUPE obstacle course
It is trite law that TUPE, and the EU Acquired Rights Directive 2001/23, upon which TUPE is based, both require a change of employer for transfer protection to apply. So, for example, when a company is taken over by way of the acquisition of shares in that company, the employment contract is unaffected, the company remains the employer, and TUPE does not apply.
In another context, in Hyde Housing Association Ltd v Layton UK/EAT/0124/15/MC, the EAT had to consider a similar issue. Could there be a relevant transfer for TUPE purposes where an employee moves from an employment contract with one employer to an employment contract with several employers, including the original employer?
In this case, the claimant was employed by Martlet Homes Limited as a decorator. Martlet is a registered provider of social housing in the South East. On 28 December 2007 the claimant was told that Martlet would join the Hyde Group, becoming a subsidiary of Hyde Housing Association Ltd (HHA). This would
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