header-logo header-logo

06 May 2010 / Nicholas Dobson
Issue: 7416 / Categories: Features , Employment
printer mail-detail

The changing face of TUPE

Nicholas Dobson examines an eternal well-spring of legal surprises

In Ward Hadaway v Capsticks and others (UKEAT/0471/09/SM) the Employment Appeal Tribunal (EAT) had to grapple with the thorny issue of whether TUPE applied when a panel law firm lost a tender to provide legal services to a client body. Judgment was given on 25 March 2010. But first a look at the prequel.

Primeval TUPE

Before the fall, ie before old TUPE was taken in for reconstruction resulting in the sleek, new TUPE offered since 6 April 2006 by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) there was endless dispute, litigation and uncertainty about whether in various different circumstances the old 1981 TUPE Regulations would apply to protect the employment of those employees affected when a public authority or other organisation contracted out functions that had previously been conducted in-house. For if TUPE did apply to a transfer of an undertaking all the rights, powers, duties and liabilities of the originating transferor organisation arising under the contracts of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll