Layton v Hyde Housing Association Ltd and others

Employment – Continuity. The Employment Appeal Tribunal ruled, in allowing the defendants' appeal, that, although reg 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE), did not preclude a relevant transfer to multiple transferees, where the transferor remained liable for the claimant's employment, the situation would not fall within the protection of TUPE or Council Directive (EC) 2001/23. Accordingly, the employment tribunal's decision was substituted by a finding that there had been no relevant transfer for TUPE purposes.

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