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

June 29, 2015
by Jeffrey
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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

December 22, 2014
by Jeffrey
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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