Employment law manual updates: TUPE
TUPE can be a difficult topic for employers, particularly where it is unclear whether or not there is a relevant transfer for the TUPE legislation to apply. To help employers understand this technical area, the TUPE section of the Employment law manual has been updated to include information on four recent cases relating to the standard definition of a TUPE transfer and the extended definition (also known as a service provision change).
- Alno (UK) Ltd v Turner and another EAT/0349/15 - the Employment Appeal Tribunal (EAT) confirmed how tribunals should apply the multi-factorial approach set out in Spijkers v Gebroeders Benedik Abbatoir CV 24/85 [1986] ECR 1119 ECJ when deciding whether or not there has been a relevant transfer.
- Amaryllis Ltd (formerly of Montrose Road Chelmsford Essex) v McLeod and others EAT/0273/15 - the case concerned the point at which the principal purpose of any organised grouping should be assessed and whether or not such an assessment can be made on a historical basis.
- Salvation Army Trustee Co v Bahi and others [2017] IRLR 410 EAT - the EAT was asked to consider the definition of "activities" in relation to a service provision change.
- CT Plus (Yorkshire) CIC v Black and others EAT/0035/16 - the issue was the meaning of "client" in a subcontracting situation.
