Metropolitan Resources Ltd v Churchill Dulwich Ltd [2009] UKEAT 0286/08/2406 – Law Journals

TUPE: Never a dull moment?

Charles Wynn-Evans rounds up recent case law on service provision changes and other thorny TUPE issues ‘There can be a service provision change where activities are conducted by just one employee. However, the connected issues of the principal purpose of the organised grouping and whether the employee is assigned to that organised grouping can cause …

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TUPE: Where are we now?

What is the practical impact of January’s changes to TUPE, asks Jeffrey Jupp ‘To avoid a service provision change transfer, the activity which forms the service after the transfer must not be fundamentally the same as that before the transfer.’ It is three months since the majority of the changes to the legislation protecting employees’ …

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Outsourcing: TUPE changes for B2B suppliers

Julian Yew highlights the key areas of change in TUPE for those involved in commercial outsourcing from January 2014 ‘When outsourcing or insourcing a function on and after 31 January 2014, it is important to ensure that the services contract defines very clearly the service that is transferring and that it also identifies how employees …

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Service Provision Changes: EAT narrows its approach

A recent ruling means that employees may receive greater protection if they bring a claim based on the transfer of an undertaking rather than a change in service provider, argue Peter Sharp and Jill Turner ‘The correct application of TUPE is first to establish that there has been a service provision change under Reg 3(1)(b) …

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TUPE: Outsourcing: back to square one?

A number of recent decisions suggest that the EAT is taking a more restrictive approach to when TUPE applies to a service-provision change, report Kate Barker and Rob Collier-Wright ‘The government decided to clarify the position under UK law by introducing new provisions in reg 3(1)(b) TUPE, which made it clear that employees will transfer …

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Outsourcing Services: Slipping through the TUPE net

Blair Adams assesses the importance of services provided and TUPE for outsourcing contracts ‘The language of the definition has made employment tribunals look at the application of the TUPE Regulations from a different perspective, sometimes with surprising results.’In this article, I shall be considering whether recent cases on the application of the Transfer of Undertakings …

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Employment: Hands for hire

Anna McCaffrey and Neil Maclean examine the relationship between TUPE and outsourcing ‘TUPE now expressly covers outsourcing arrangements and goes beyond what was required to implement the revised Directive 2001/23 EC. Thus, unusually, the protections enjoyed by employees in the UK are more extensive than those enjoyed by employees in most of the rest of …

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