In Unison v Somerset County Council and others EAT/0043/09, the EAT held that the employees "affected by" a TUPE transfer for the purposes of consultation with employee representatives were those who would or might be transferred, those whose job is jeopardised by the proposed transfer, and those with internal job applications pending. The definition did not extend to those who might in the future apply for a vacancy in the part of the undertaking transferred.
In Dansie v Commissioner of Police for the Metropolis EAT/0234/09, the EAT held that a police force did not treat a male trainee officer less favourably on grounds of sex by requiring him to have his hair cut, when the same requirement would not have been demanded of a female officer with a similar hairstyle.