John McMullen reports on recent TUPE developments in the individual sphere
As well as providing interesting cases on the collective dimension of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) the summer of 2010 gave us a number of insights into the application of TUPE in the individual dimension. The purpose of this article is to note the more significant examples.
In Derrick Cyffin Jones t/a The Barley Mow Public House v Beardmore (EAT/0392/09), [2010] All ER (D) 152 (Nov) an employee worked on a farm run by Jones and his father in partnership. She worked part-time collecting and grading eggs and was paid on an hourly basis. Jones also had his own business, a small brewery and a public house known as The Barley Mow Inn. Early in 2008 egg production at the farm reduced and the employee did other duties at the farmhouse and, eventually, was offered work in Jones’s pub, combining cleaning work at the farmhouse and collecting eggs with work in the brewery and pub.
In July 2008 she became full-time employed in the pub and brewery
