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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

Quillon Law—Neil Dooley

Quillon Law—Neil Dooley

Disputes firm expands fraud and investigations practice with partner hire

Charles Russell Speechlys—Vadim Romanoff

Charles Russell Speechlys—Vadim Romanoff

Firm strengthens corporate tax and incentives team with partner hire

Burges Salmon—Gary Delderfield & Alec Bennett

Burges Salmon—Gary Delderfield & Alec Bennett

Partner and senior associate join pensions team

NEWS
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
With chronic underfunding and rising demand leaving thousands without legal help, technology could transform access to justice—if handled wisely, writes Professor Sue Prince of the University of Exeter in this week's NLJ
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
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