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Employment – Continuity. The employee, having brought a claim for unfair dismissal against the employer, contended that her employment had transferred to it. The employment tribunal (the tribunal) found that it had transferred and the Employment Appeal Tribunal (the EAT) dismissed the employer's appeal. The Court of Appeal, Civil Division, in dismissing the employer's appeal, held that the tribunal and the EAT had been correct to have concluded that the employee had constituted an 'organised grouping of employees' to whom reg 3(3)(a)(i) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE), applied. Therefore, a service provision change had occurred, pursuant to reg 3(1)(b)(ii) of TUPE.
Employment – Continuity. The employee, having brought a claim for unfair dismissal against the employer, contended that her employment had transferred to it. The employment tribunal (the tribunal) found that it had transferred and the Employment Appeal Tribunal (the EAT) dismissed the employer's appeal. The Court of Appeal, Civil Division, in dismissing the employer's appeal, held that the tribunal and the EAT had been correct to have concluded that the employee had constituted an 'organised grouping of employees' to whom reg 3(3)(a)(i) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE), applied. Therefore, a service provision change had occurred, pursuant to reg 3(1)(b)(ii) of TUPE.
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