Workplace Report December 2010

Law - TUPE

Transfers — the key developments

The EU Acquired Rights Directive can be used to protect the employment rights of an individual who has no employment contract with the transferring business as they are contractually employed by a separate organisation but permanently assigned to work for the transferring one. UK tribunals may interpret TUPE so as to extend this ruling to cover UK private sector outsourcing businesses (Case 5).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal). Call 020 8686 9141 for details of the journal Industrial Relations Law Reports (IRLR).