Service provision change

New and updated

  • Transfer of undertakings

    Type:
    Employment law manual

    Updated to include information on Tees Esk & Wear Valleys NHS Foundation Trust v Harland and others, in which the EAT considered how to determine the "principal purpose" in relation to a service provision change.

  • Common sense needed in TUPE service provision changes

    Date:
    21 February 2017
    Type:
    Law reports

    A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not the activities carried out afterwards are "fundamentally the same" as before. Dr John McMullen advises on the ruling.

  • Employment law manual updates: TUPE

    Date:
    1 December 2016
    Type:
    Editor's choice

    The TUPE section of the Employment law manual has been updated to include information on cases relating to the standard definition of a TUPE transfer and the extended definition (also known as a service provision change).

  • Case round-up

    Date:
    1 November 2016
    Type:
    Law reports

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • Case round-up

    Date:
    1 September 2016
    Type:
    Law reports

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • TUPE case confirms obligations apply to multiple providers

    Date:
    15 June 2016
    Type:
    Law reports

    TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr John McMullen in his latest update.

  • TUPE: Employee on indefinite sick leave not "assigned" to organised grouping of employees

    Date:
    30 March 2016
    Type:
    Law reports

    In BT Managed Services Ltd v Edwards and another [2015] IRLR 994 EAT, the EAT held that an employee on permanent sick leave who had remained on the employer's books was not "assigned" to the organised grouping that transferred under TUPE on a service provision change.

  • TUPE service provision change: lay off does not prevent organised group of employees

    Date:
    28 January 2016
    Type:
    Law reports

    Laying off employees before a service provision change does not necessarily prevent them from transferring to the new employer under TUPE. Lindsay Macdonald reports on a recent case at the Employment Appeal Tribunal (EAT).

  • Case round-up

    Date:
    27 January 2016
    Type:
    Law reports

    Amanda Steadman is a professional support lawyer, Iain Naylor, Lucy Sorell and Rachael Wake are associates, and Jessica-Alice Curtis is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.

  • TUPE transfers: employee on indefinite sick leave not transferred

    Date:
    10 September 2015
    Type:
    Law reports

    An Employment Appeal Tribunal has held that an employee, not working in his employer's business because of health problems, but retained as an employee to receive permanent health insurance (PHI) payments, was not "assigned" to the organised grouping of employees for the purposes of a TUPE transfer.

About this topic

HR and legal information and guidance relating to TUPE in connection with service provision changes.