Henry and others v London Care Ltd; Henry and others v Carewatch Care Services Ltd

Employment – Continuity of employment. The appellants in conjoined appeals, London Care Ltd and Carewatch Care Services Ltd, appealed against the employment tribunal's (the tribunal) decision that there had been a 'TUPE' transfer from Sevacare (UK) Ltd to one or more of the second to eighth respondents, for the purposes of reg 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246. The Employment Appeal Tribunal (the EAT), in allowing the appeals held that the tribunal had not properly considered the issues of fragmentation and whether the relevant activities had been carried out, pre-transfer, by an organised group of employees. The EAT further held that the tribunal's reasons had been defective. The case was remitted to a differently constituted tribunal.

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