header-logo header-logo

06 September 2024 / Nicholas Dobson
Issue: 8084 / Categories: Features , Employment , Tribunals , TUPE
printer mail-detail

TUPE revisited in the Employment Appeal Tribunal

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll