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TUPE and Dr. T and Medical Imaging UK ltd v Southend Hospital NHS Trust (Interested Party)

T was a specialist ophthalmologist employed by the interested party from around 2009 on 3PA (programmed activities). In one PA, the Claimant operated an outpatient eye clinic at the Trust’s premises treating a full range of ophthalmological problems. The remaining 2PAs were as the named clinical assistant on the diabetic eye screening programme mainly in the Respondent building using the Respondent’s equipment.

The Respondent took the picture and the Claimant undertook grading of the photographs on behalf of the interested party. Following a review in early January 2014, NHS England asked the Respondent to undertake the diabetic eye screening service on an end to end basis. Following this, the Respondent wrote an email to the Claimant that his services were no longer required and should return the keys to the screening office.

Our advocate successfully argued that the Claimant’s contract of employment was transferred from the interested Party to the Respondent following a service provision change pursuant to Regulation 3 (1)(b)(ii) TUPE 2006, and the dismissal automatically unfair.

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