Thursday 2 August 2007


HHJ McMullen has handed down an interesting TUPE decision, Compass Group v Burke.

In it, the EAT reminds practitioners of the principles for establishing whether there has been a TUPE transfer, and whether particular employees were assigned to the undertaking (para. 9).

The EAT also held that, once the primary facts are established by the tribunal, the question as to whether a TUPE transfer took place is a matter of law (para 10), and thus susceptible to review by an appellate court.

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