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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

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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