header-logo header-logo

Contemplating relocation

Sinclair Cramsie & Clare Harrington unravel the complexities of relocating TUPE transferees

It is not uncommon for a business to take over a local competitor in order to acquire the competitor’s business and workforce but not its premises. The outcome in the case of Tapere v South London and Maudsley NHS Trust ET Case No. 2329562/2007 has left many employers questioning their approach in situations where they require a newly-acquired business and workforce to move—on some occasions, a relatively modest distance. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) provide a clear route for employees unwilling to make such a move to claim automatic unfair dismissal. The opportunities for successfully defending such a claim appear to be limited. 

Contract transfer

Ms Tapere was employed by Lewisham Primary Care Trust, based at Burgess Park in Camberwell. Her contract of employment was transferred by virtue of TUPE to the South London and Maudsley NHS Trust. It was anticipated, both by the transferee and transferor, that the claimant’s place of work

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

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll