The EAT has given permission for Mr Layton to appeal to the Court of Appeal in Hyde Housing Association Ltd -v- Layton 2015 to determine whether there can be a relevant transfer for TUPE purposes where: (1) an employee moves from an employment contract with one employer to an employment contract with several employers, including the original employer (the joint employment issue), and (2) the economic entity transfers to multiple transferees, including the original transferor (the multiple transferee - or transferor as transferee – issue).

The EAT considered that on the facts there was no change of employer for Mr Layton as his employer was joined by other companies, all of whom were joint and severally liable for his employment, so as a matter of fact, his employer remained the same. Mr Layton had argued that his original employer acting by itself was a different legal entity when it was acting jointly and severally for others (and of course his original employer could have dropped out of this group and then there would not be a consistent employer at all).

We will report more fully after the Court of Appeal decision, as it may have an impact on corporate restructurings, creating new pitfalls which may need to be avoided.