header-logo header-logo

02 June 2017 / John McMullen
Issue: 7748 / Categories: Features , TUPE , Employment
printer mail-detail

The transfer window

nlj_7748_mcmullen

John McMullen covers the recent developments relating to TUPE

  • Service provision change: the ‘principal purpose’ of an ‘organised grouping of employees’.
  • The interface between redundancy & TUPE.
  • The consequences of providing incorrect employee liability information.

A trio of cases from the Employment Appeal Tribunal highlights a number of topical issues in the interpretation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE).

Service provision change

In order for there to be a service provision change TUPE transfer within the meaning of TUPE, reg 3(1)(b), there must be, by virtue of reg 3(3)(a)(i), prior to the change of provider, an organised grouping of employees, the principal purpose of which is to carry out the activities concerned on behalf of the client. The correct approach to be adopted to the determination of ‘principal purpose’ was the issue in Tees Esk & Wear Valleys NHS Foundation Trust v Harland UK EAT/0173/16/DM.

In this case the claimant employees were employed by the Trust as part of an organised grouping of employees

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll