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EAT allows appeal in relation to “public administrative authority” exception to the application of the 2006 TUPE Regulations

Related Member(s):
Darryl Hutcheon
Related Practice Area(s):
Employment Law

The Employment Appeal Tribunal has allowed the appeals of several claimants challenging an Employment Tribunal’s decision that the “public administrative authority” exception to the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations) deprived them of the protection of those Regulations. The claimants are challenging their dismissals following the transfer of public health functions from Primary Care Trusts to local authorities under the Health and Social Care Act 2012.

Darryl Hutcheon acted on behalf of the twelve claimants supported by Unite the Union.

A summary of the judgment, can be found here.