header-logo header-logo

TUPE revisited in the Employment Appeal Tribunal

06 September 2024 / Nicholas Dobson
Issue: 8084 / Categories: Features , Employment , Tribunals , TUPE
printer mail-detail
188096
Nicholas Dobson examines a recent EAT case, involving an NHS Integrated Care Board, in which TUPE made an appearance
  • Discusses Bicknell and another v NHS Nottingham and Nottinghamshire Integrated Commissioning Board [2024] EAT 103.
  • Shows how commissioning is not an economic activity for the purposes of TUPE, where the commissioner does not provide the goods or services on the market itself.

The Transfer of Undertaking (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) was once ‘box office’. It was all over the legal press. There were conferences, government working parties and books on it. And if TUPE were a crime, I’d be guilty of all three. But in recent years, like a faded film or rock icon, TUPE’s star has faded, and it’s generally been able to get on quietly with its life. But on 25 June 2024, TUPE did make an appearance in the Employment Appeal Tribunal (EAT) before Sheldon J in Bicknell and another v NHS Nottingham and Nottinghamshire Integrated Commissioning Board [2024] EAT

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll