Identifying transferred employees

Case 2: The facts

Mr Gaston, a shop steward on Birmingham City Council, was a full-time union representative. Although employed and paid as a plumber he had not done any plumbing work, other than on an out-of-hours rota, for more than 22 years.

The department where Gaston had been employed was transferred under TUPE, and he was dismissed. He claimed that he should have been identified as an employee who would be transferred under TUPE.

The ruling

The EAT held that, since Gaston was working full-time as a union representative, he could not be identified with a particular section of the workforce and therefore could not have been transferred with it under TUPE. This meant that any claims he might have over his dismissal had to be pursued against the old employer.

Birmingham City Council v Gaston EAT/0508/03