We have recently insourced building maintenance work after unsuccessfully outsourcing this work some 18 months ago. We have an individual (the former Building Maintenance Manager) claiming that they ought to have transferred employment to us upon insourcing.

When we outsourced business maintenance, this person transferred to the new provider but then changed his role to Maintenance Manager for the new provider’s entire Northern Ireland region. When we insourced building maintenance work, we did not take back this individual because his role had changed significantly and we did not believe he was entitled to transfer back to our employment. He says that he ought to have transferred back to our employment and is threating to bring an Industrial Tribunal claim. How