In the case of Gabriel v Peninsula Business Services Ltd, the Employment Appeal Tribunal has held that, in the absence of a TUPE transfer, an individual’s employment cannot transfer from one employer to another without the employee’s express or implied consent.
What does this mean?
Employees need to be informed of any change of employer and to expressly or impliedly consent to it for a transfer to take effect.
What should employers do?
Employers who wish to transfer an employee’s employment to another employer should specifically inform the employee of the transfer. Assuming that an employee will notice that the name of their employer has changed on their pay slip is insufficient.