The transfer window

• 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