An employment tribunal has found that a hospital trust did not unfairly dismiss 13 maintenance workers because they had not been transferred from their previous employer.
In a case with important lessons for companies involved in complex contracts and TUPE negotiations, Oxford University Hospitals NHS Foundation Trust (OUH) successfully claimed it did not take on the workers after its contract with Scion Technical Services finished on 30 June 2017.
Jeremy Coy appears in Personnel Today saying "for TUPE to have applied in this case, the employees would have needed to show that they were an organised group whose principal purpose was carrying out maintenance work on behalf of the Trust."
TUPE or not TUPE? NHS Trust did not unfairly dismiss workers is available to read on the Personnel Today website.
Jeremy is an associate solicitor in the employment team. Jeremy advises employers and employees on a breadth of employment law issuessuch as disciplinary matters, grievances, redundancy, unfair dismissal, discrimination, whistleblowing and Employment Tribunal Litigation.