TUPE

Jeffrey Jupp's TUPE resource

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 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

December 22, 2014
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London Borough of Hillingdon v Gormanley EAT – 19 December 2014

In service provision change cases once an organised grouping of employees is established, the next issue is to determine whether the claimant employee is assigned to that organised grouping (a pre requisite to liabilities transferring under Reg 4). This case … Continue reading

November 24, 2014
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Eville & Jones (UK) Ltd v Grants Veterinary Services Ltd ET – 27 August 2014

This is an Employment Tribunal decision and therefore has no value as precedent but it is a rare reported case regarding the failure by a transferor to provide the necessary employee liability information (‘ELI’) under Reg 11 and a claim under … Continue reading