Splitting liability between transferees: McTear & Mitie v Amey & Others – Cloisters

‘In McTear & Mitie v Amey & Others the Employment Appeal Tribunal held that the controversial decision of the CJEU in Govaerts applies in domestic law – including to Service Provision Changes (‘SPCs’) under TUPE. This means that the contract of employment of a given employee who transfers pursuant to a SPC may as a matter of law be split between multiple transferees.’

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Cloisters, 2nd March 2021

Source: www.cloisters.com