TUPE

Jeffrey Jupp's TUPE resource

February 10, 2016
by Jeffrey
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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
by Jeffrey
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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

October 1, 2015
by Jeffrey
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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