The Employment Appeal Tribunal has held that a client's instruction to a service provider to remove a particular employee from the group of employees providing the service did not, in itself, mean that the employee was no longer assigned to the group for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).

For full coverage of this case, see Practical Law Employment, Legal update, TUPE: employee was not re-assigned from an organised grouping despite third party instruction to remove (EAT).