Workplace Report October 2003

Features: Law TUPE

Identifying the employer

Case 2: The facts

Mr Bademosi was assigned by his employer to work at a Cable and Wireless site. However, following an injury he was temporarily transferred to work in a magistrates' court. That work was TUPE transferred to security company Chubb and the issue was whether Bademosi was transferred with the work in circumstances where he believed that he would eventually go back to work at C&W.

The ruling

The EAT held that his assignment was temporary only. He had the right to return to his duties at C&W once a position there had become available.

* Securiplan v Bademosi EAT/1128/02