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Services for Education (S4E Ltd) v White & Anor
The case concerned the meaning of ‘transfer’ for the purpose of the continuity provisions in the Employment Rights Act. The EAT held that, for the purposes of preserving continuity of employment, a transfer can take place over a period of time. Mr W had been employed since 1992 by the Birmingham Music Service to teach in schools under a series of contracts each running for the academic year. His latest contract expired on 31st July 2013. During the summer holidays the service was transferred to S4E, after which he was offered a zero hours contract with less favourable terms and conditions. The EAT held he could not rely on TUPE as he was not employed immediately before the transfer. However, for the purposes of bridging his continuous employment between the Council and S4E he had been employed “at the time of the transfer” for the purposes of section 218(2) of the ERA 1996.
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