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30 May 2012 / John McMullen
Issue: 7516 / Categories: Features , Tribunals , Employment
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The transfer market

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John McMullen examines the latest round of judicial activity on TUPE

There seems to be no ebb in the tide of cases on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE). As usual, the concepts of service provision change, and changing employment terms following a TUPE transfer, feature significantly.

Assignment

In deliberating whether there has been a service provision change (SPC) under reg 3(1)(b) of TUPE is it sufficient to say that employees will transfer if, simply, they “go with the work”? Not so, said the Employment Appeal Tribunal (EAT) in Eddie Stobart Ltd v Moreman [2012] UKEAT/0223/11. Instead, there needs to be an analytical distinction between an organised grouping of employees (reg 3(3)(a)(i)) on the one hand and, on the other, whether employees are assigned (reg 4(1)) to it. Both of these issues need to be addressed in an SPC case.

Eddie Stobart (ES) is a warehousing and logistics service provider. It had 35 employees at one site in Nottinghamshire servicing at least five clients.

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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