Can a person employed by a prospective transferor under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) be considered an ‘applicant’ for employment to the related prospective transferee, pursuant to section 39(1) of the Equality Act 2010? It would appear so.
In NHS Direct NHS Trust v Gunn UKEAT/0128/14/BA, G worked 8.5 hours per week due to her disability. The prospective transferee (NHS Direct) said that all employees should work at least 15 hours. G refused to be transferred and remained with her employer when her offer to NHS Direct
to work ten hours was rejected.
She successfully brought a ...