LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 3

What about employees reinstated under an interim relief order?

[ch 3: page 31]

In Dowling v Ilic Haulage and Berkeley Logistics UKEAT/0836/03, the EAT held, that an interim relief order under section 130(1) ERA 96 does not preserve continuity of employment, meaning that an employee who has been granted an interim relief order will not transfer under TUPE. The case was considered but not reversed in Langton v Secretary of State for Health [2013] UKEAT 0376/13/01. For more information on interim relief orders, see LRD’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1664).