TUPE TRANSFERS OF LONG-TERM SICK

摘要

If there is a service provision change under the Transfer of Undertakings (Protection of Employment) Regulation 2006 (TUPE), all employees assigned to the grouping of employees that were carrying out the transferred activities will generally go across to the new employer. Temporary sickness absences at the time of transfer will make no difference, as the employee will still transfer. However, as shown by the case of BT Managed Services Ltd v Edwards and another UKEAT/0241/14, if the employee is never expected to return from long-term sickness absence, they may no longer be regarded as part of the group. Mr Edwards was part of a team dedicated to providing operational maintenance for a mobile phone network. In 2006, he went on long-term sick leave due to a heart condition. Attempts to get him back to work in various roles failed and by 2010 it was recognised that he would not be returning to work. Nevertheless, he remained on the employer's books as he qualified for benefits under the permanent health insurance (PHI) scheme as an employee who was permanently incapacitated.