10 November 2010 #Employment
The European Court has handed down its decision in Albron Catering v FNV Bondgenoten Roest.
This case afforded protection to employees who were assigned on a permanent basis to an undertaking being transferred by a group company even through their contracts of employment were with a different group company.
This seems quite logical and in accordance with the purpose of TUPE - to protect the employment of employees assigned to an undertaking whether they are actually employed by the contracting company or not (as long as they are employees of someone). The same sort of scenario would not be unusual with the use of subcontractors and where a company is not using exclusively its own employees to perform the contract.