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