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09 December 2016 / John McMullen
Issue: 7726 / Categories: Features , Employment
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Time for change

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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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