Directors cannot form part of an "organised grouping of employees" for the purposes TUPE, tribunal holds

via Out-Law.com (legal news and guidance from Pinsent Masons)

Directors of a charity cannot form part of an “organised grouping of employees” and so cannot take advantage of certain legal protections when the service they provide is taken in-house, the Employment Appeal Tribunal (EAT) has found.

In her ruling, Lady Smith said that the roles performed by the directors of Edinburgh Home-Link Partnership, a housing charity providing outreach services to a local authority, were “strategic”; concerned with the running and maintenance of the charity rather than providing the service. Because of this, they could not be assigned to the “organised grouping of employees” under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

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Hazel’s comment;
I don’t often bring EAT rulings to your attention because, whilst I do read most of them (some of them several times) in the different sources that I use, most do not make it past the bar of my very broad definition of careers information.
This one, however, interested me since this was a group of company directors (albeit of a charity) claiming that they were an organised grouping of employees.
Odd.

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