Internal transfers

Case 3: The facts

Fiona McChrystal worked for the Wimpey Group. The Group had a policy of managing its business through a number of different entities with different names.

McChrystal and some colleagues were transferred from one division of the company to another, and claimed that they were protected by TUPE.

The ruling

The EAT held that an internal reorganisation could never amount to a TUPE transfer because in this case the overall employer, the Wimpey Group, remained the same.

McChrystal v Wimpey Homes EAT/0046/03