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Time for change

09 December 2016 / John McMullen
Issue: 7726 / Categories: Features , Employment
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John McMullen discusses TUPE & service provision change disputes

  • The Salvation Army Trustee Company v Coventry Cyrenians Limited : obiter, the EAT raises some fascinating issues on the better (alternative) resolution of TUPE disputes.

By virtue of reg 3(2A) of the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (SI 2006/246), for a service provision change, the activities being carried out by another person in succession to a previous provider (or client) must be activities which are “fundamentally the same” as the activities carried out by the person who has ceased to carry them out. This rule was introduced by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (SI 2014/16) and is a consolidation of a previous case law rule (see, eg, Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) UKEAT/0286/08/RN) to this effect. This was the provision under consideration in the Employment Appeal Tribunal (EAT) case of The Salvation Army Trustee Company v Coventry Cyrenians Limited UKEAT/0120/16/RN. Obiter, the EAT also raises some fascinating issues

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MOVERS & SHAKERS

Arc Pensions Law—Ian D’Costa

Arc Pensions Law—Ian D’Costa

Pensions firm welcomes legal director in London

Shakespeare Martineau—Jonathan Warren

Shakespeare Martineau—Jonathan Warren

Real estate disputes team strengthened by London partner hire

Morgan Lewis—Christian Tuddenham

Morgan Lewis—Christian Tuddenham

Litigation partner joins disputes team in London

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
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