Yes (but not retrospectively), held the ECJ in Greenfield v The Care Bureau Ltd (C-219/14)
This case dealt with the calculation of holiday when a worker increases their hours during a holiday year. Unsurprisingly, the ECJ decided that holiday entitlement for each period of work should be calculated separately, meaning that:
Note that the same rules apply whether you are calculating holiday accrual during employment, or once employment has been terminated.
Is there a TUPE transfer when an employee, originally employed by one company, becomes employed by a group of companies (including the original employer)? No, says the EAT.
Mr Layton was employed as a decorator by Martlet Homes Limited (a registered provider of social housing). In January 2008 Martlet joined a group of companies called the Hyde Group, and became a subsidiary of Hyde Housing Association Limited. After a restructure, Mr Layton was dismissed by Martlet and re-engaged on a new contract by the Hyde Group (which still included Martlet). Mr Layton claimed unfair dismissal. The key issue was whether Mr Layton’s employment transferred under TUPE from Martlet to the Hyde Group
The EAT held that there was no relevant transfer as there was no change to the identity of the employer. Since Martlet retained liability for Mr Layton’s employment (even though its liability was now joint and several with other employers), the change of employer was not legally relevant for TUPE purposes.
As a side note, another argument put forward by the respondent was that TUPE cannot apply when there is a transfer to several entities (rather than to one single entity). The EAT rejected this. If Mr Layton’s employment had transferred from Martlet to the other members of the Hyde Group (excluding Martlet), then that could be a relevant transfer. This would depend on the facts, and could not occur where the transfer results in fragmentation of the entity such that it loses its identity.
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