Defining who will transfer

Case 1: The facts

Stefan Spencer was employed on terms that required him to work from time to time for other companies within the same group. He was dismissed when the company he worked for went into administration and was sold to another company.

This was a relevant transfer under the TUPE regulations, but the company argued that Spencer was not covered because he was employed by one of the sister companies at the time of the transfer.

The ruling

The EAT considered that the issue to be decided was which part of the group of companies Spencer was assigned to at the time of the transfer. It concluded that he was both employed by and assigned to the company that transferred - there was no intention that his work for other companies within the group was a permanent change. His employment therefore did transfer under TUPE.

Prosperis v Spencer UKEAT/0988/03