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27 September 2018 / John McMullen
Issue: 7810 / Categories: Features , TUPE , Employment
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TUPE roundup: latest caselaw

From fragmentation to automatically unfair dismissal, John McMullen serves up some recent caselaw

  • Covers cases on fragmentation, random allocation, reg 3(5) and automatically unfair dismissal in relation to TUPE.

Service provision change, the transfer of public administrative functions and automatic unfair dismissal all feature in this autumn round up for TUPE aficionados.

Service provision change

A service provision change TUPE transfer occurs when activities carried out by one provider are taken over by a new provider, as long as there was, immediately before the change, an organised grouping of employees, the principal purpose of which was to carry out the relevant activities for the client (TUPE, Reg 3 (1) (b)).

When one provider is replaced by another provider the position is quite simple. But the position can be more complex where a single provider is replaced by multiple providers. In principle, TUPE may still apply, but not, the case law says, where, as a result of the change, the services are fragmented, and randomly allocated among new providers. This was the subject matter

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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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