TUPE And Transnational Transfers

It is common ground that TUPE can apply even if the business or service being transferred is leaving the UK to go to another country, even if that country is outside the EU. That was established by the EAT in Holis Metal Industries Ltd v GMB [2008] IRLR 187. Often, there is no employment rights issue involved, as employees may simply not wish to transfer their place of work to another country. The focus is then usually on redundancies (although when there is a transnational transfer, the transferor employer must remember to inform and consult with employee representatives, as the employer failed to do in Holis itself). The issue arose again in Xerox Business Services Philippines Inc. Ltd (UK Ltd) v Zeb