This is a transfer of undertakings case where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) applied to a service provision change (in this case, in-sourcing).
Edinburgh Home-Link Partnership provided outreach services to vulnerable people in relation to housing matters. The Council was Edinburgh Home-Link Partnership’s only client and decided to take the services “in house”. The Employment Appeal Tribunal (“EAT”) found the directors of the service provider were not part of an “organised group of employees” for the purposes of TUPE. This was because the two directors’ roles were the strategic running of the organisation, but the EAT found that they were not sufficiently dedicated to the provision of services, for which the Council had contracted and therefore, could not be said to be working on the Council’s behalf.
This case gives interesting guidance regarding the need for a connection between the employment of the individuals concerned and the provision of the services being provided to the client.