BT Managed Services Ltd v 1) Mr G Edwards 2) Ericsson Ltd
| Jurisdiction | UK Non-devolved |
| Judge | Judge Serota |
| Neutral Citation | UKEAT/0241/14/MC |
| Court | Employment Appeal Tribunal |
| Subject Matter | Transfer of Undertakings,Transfer of Undertakings - Service Provision Change,Not landmark |
| Date | 02 September 2015 |
| Published date | 05 June 2017 |
Copyright 2015
Appeal No. UKEAT/0241/14/MC
EMPLOYMENT APPEAL TRIBUNAL
FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE
At the Tribunal
On 30 January 2015
Judgment handed down on 2 September 2015
Before
HIS HONOUR JUDGE SEROTA QC
(SITTING ALONE)
BT MANAGED SERVICES LTD APPELLANT
(1) MR G EDWARDS
(2) ERICSSON LTD RESPONDENTS
Transcript of Proceedings
JUDGMENT
UKEAT/0241/14/MC
APPEARANCES
For the Appellant MR ADRIAN LYNCH QC
(of Counsel)
Instructed by:
BT Legal, ppA6
BT Plc
81 Newgate Street
London
EC1A 7AJ
For the First Respondent MR BRUCE FREW
(of Counsel)
Instructed by:
Irwin Mitchell LLP Solicitors
Imperial House
31 Temple Street
Birmingham
B2 5DB
For the Second Respondent MR BEN COOPER
(of Counsel)
Instructed by:
Charles Russell LLP
One London Square
Cross Lanes
Guildford
Surrey
GU1 1UN
UKEAT/0241/14/MC
SUMMARY
TRANSFER OF UNDERTAKINGS - Service Provision Change
1. Mr Edwards was employed by BT Managed Services Limited (“BTMS”) as a Field
Operations Engineer. From April 1994 he was originally employed by Orange but his
employment transferred by TUPE to BTMS from July 2009.
2. He was a member of a team dedicated to a domestic network outsource (“DNO”)
contract providing operational maintenance for mobile phone networks operated by Orange or
EE.
3. The team working on the DNO had its own separate and dedicated structure within
BTMS with its own managers, operatives, administrative and other staff, budget and cost
centres, and its own operational unit code (“OUC”).
4. It has been accepted that this team constituted an organised grouping of employees
situated in Great Britain which has as its principal purpose the carrying-out of the activities
concerned (the DNO contract) on behalf of the client (Orange) within the meaning of
Regulation 3 of TUPE.
5. In May 2006 Mr Edwards commenced long-term sick leave by reason of various
ailments including, in particular, a cardiac condition that prevented him from carrying-out the
strenuous work involved in accessing sites, often on foot, and scaling towers.
6. Unsuccessful attempts were made to provide him with alternative, less strenuous, work.
He was regarded from this time as permanently incapacitated.
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