TUPE

Jeffrey Jupp's TUPE resource

November 27, 2015
by admin
0 comments

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

October 1, 2015
by admin
0 comments

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
by admin
0 comments

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 8, 2015
by admin
0 comments

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

January 23, 2015
by admin
0 comments

Salmon v (1) Castlebeck Care (Teesdale) Ltd EAT – 21 January 2015

This case is concerned with what happens when an employee is dismissed before the transfer but a successful appeal is heard after the transfer, with the complicating features being that the transferee heard the appeal and did not inform the … Continue reading

December 22, 2014
by admin
0 comments

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