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ARTICLE · 13 NOVEMBER 2012

TUPE

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The EAT found in this case that TUPE did not apply to two directors of a company which provided services for the homeless on behalf of the Council.

United KingdomEmployment and HR

Senior Employees

Edinburgh Home Link Partnership and others v The City of Edinburgh Council and others 2012 EATS/0061/11/BI

The EAT found in this case that TUPE did not apply to two directors of a company which provided services for the homeless on behalf of the Council when the Council decided to take homelessness services in house. The directors did not provide homelessness services themselves but their role was one of strategic management of the company employing the staff who provided the services. The directors appealed but were unsuccessful. Their direct services to the Council formed a minimal part of their day to day activities, thus their roles were not sufficiently connected with the services to the Council which were transferred.

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