UK · EATCourt order
EAT: TUPE assignment unaffected by allegedly unlawful redeployment
In McConnell v WM Morrisons Supermarkets Ltd [2026] EAT 149, the Employment Appeal Tribunal held that the lawfulness of an employer’s redeployment decision forms no part of the TUPE “assigned” test, Solicitors Journal and GOV.UK reported on September 25, 2026. HHJ Feeny nonetheless remitted the claimant’s indirect disability discrimination and reasonable-adjustments complaints after finding the employment tribunal had misunderstood those claims.
Order (Solicitors Journal) → · GOV.UK
Key points
- The EAT held that alleged unlawfulness of redeployment does not change the factual TUPE assignment test.Solicitors JournalGOV.UK
- The claimant had been identified as in scope when Morrisons outsourced its Returns and Recycling Unit.Solicitors Journal
- HHJ Feeny remitted indirect discrimination and reasonable-adjustments complaints to a fresh tribunal.Solicitors Journal
- Findings that the tipping-trailers PCP applied and caused group disadvantage will stand.Solicitors Journal
- Victimisation challenges failed because the move to the RRU was found to rest on occupational health advice.Solicitors Journal