TUPE

Jeffrey Jupp's TUPE resource

March 11, 2016
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Arch Initiatives v Greater Manchester West Mental Health NHS Trust EAT – 10 March 2016

Although there are a number of factually specific issues in this appeal there is one clear issue of law which is not insignificant and it is this: In a Reg 3(1)(b) Service Provision Change (SPC) is it necessary for the … Continue reading

February 10, 2016
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Mustafa v Trek Highway Services EAT – 29 January 2016

This case was an appeal essentially on the facts, however, it is useful because the EAT (Simler P) has summarised and reminded us of some important principles on the following subjects: Transfer of an economic entity (Reg 3(1)(a)). Whether the … Continue reading

November 27, 2015
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ICTS UK Limited v Mahdi EAT – 26 November 2015

By Reg 3(3), a pre-condition of a Service Provision Change under Reg 3(1)(b) is that the client ‘intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific … Continue reading

November 16, 2015
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Hyde Housing Association Ltd and Others v Layton EAT – 11 September 2015

The central issue in this case is whether there is a Reg 3(1)(a) transfer if an employee moves from an employment contract with a single employer to one with multiple employers, including the original employer. Background Facts C had been … Continue reading

October 1, 2015
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Inex Home Improvements Limited v Hodgkins EAT – 28 September 2015

It has long been the case that under a traditional Reg 3(1)(a) transfer a temporary cessation of work did not prevent employees assigned to the organised grouping from transferring.  (see P Bork International Bork international A/S v Foreningen AF Arbedjdsledere … Continue reading

September 13, 2015
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Ferreira da Silva v Estado Português ECJ – 9 September 2015

In this case three questions were referred to the ECJ by the Lisbon High Court.   The second and third questions concerned the circumstances in which a national court is required to make a reference to the ECJ, the first however … Continue reading

September 10, 2015
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BT Managed Services Ltd v Edwards EAT – 2 September 2015

The issue in this case is whether an employee on long term sickness absence is assigned to the organised grouping of employees who transferred under a Reg 3(1)(b) Service Provision Change transfer. The Facts The employee, who was employed by … Continue reading

June 29, 2015
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Jakowlew v Nestor Primecare Services EAT – 16 June 2015

Can the client in a Reg 3(1)(b) Service Provision Change determine who is assigned to the organised grouping?    In Robert Sage t/a Prestige Nursing v O’Connell the EAT had held that the issue is to be determined by asking the question:  … Continue reading

June 8, 2015
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Jinks v London Borough of Havering EAT – 4 June 2015

This case concerns the meaning of ‘client’ and ‘contractor’ within Reg 3(1)(b) Service Provision Changes. The Council owned a car park adjacent to Romford Ice Rink. It contracted the management of the car park to S Ltd. S Ltd sub … Continue reading