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TUPE: Testing the boundaries

04 November 2016  

Charles Wynn-Evans reviews some recent TUPE developments

There has been much speculation about the fate of the UK’s employment legislation following the EU referendum – and that speculation naturally extends to the transfer of undertakings legislation. For now, however, those who may fall within the scope of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) continue to test out the boundaries of the law. This article reports on some recent decisions, as well as briefly considering what might happen to TUPE post-Brexit.

Additional Info

  • Case(s) Referenced:

    Amaryllis Ltd v McLeod UKEAT/0273/15

    Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust and Ors [2016] UKEAT/0267/15

    BT Managed Services Ltd v Edwards & anor [2016] EWCA Civ 679, CA

    C-186/83 Botzen v Rotterdamsche Droogdok Maatschappij BV [1985] ECR 00519

    C T Plus (Yorkshire) CIC v Black & Ors UKEAT/0035/16

    Fairhurst Ward Abbotts v Botes Building Ltd [2004] EWCA Civ 83