Transfer of work

Case 6: The facts

Clare Woodman was employed as a tax specialist to prepare tax returns for clients. When her employer discovered that it was not insured for this work, it transferred the work to a separate company.

The new company claimed that there had not been a TUPE transfer and that, in any event, it had an economical, technical or organisational (ETO) reason to dismiss Woodman: she was unqualified and a qualified accountant was required.

Woodman argued that she was protected under TUPE, and brought a claim for unfair dismissal. A tribunal agreed with her.

The ruling

The Employment Appeal Tribunal held that the tribunal was entitled to find that there had been a TUPE transfer. It had identified the tax work as an economic entity that continued in the same way after the work was transferred, and that there remained only one person doing it.

Although the new company had recruited an accountant to do this work, the tribunal found that it had initially advertised for an unqualified person on the day Woodman was dismissed, but had then withdrawn that advertisement.

Monitus Limited v Woodman & Sandfield Systems Ltd UKEAT/0354/05

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