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06 May 2010 / Nicholas Dobson
Issue: 7416 / Categories: Features , Employment
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The changing face of TUPE

Nicholas Dobson examines an eternal well-spring of legal surprises

In Ward Hadaway v Capsticks and others (UKEAT/0471/09/SM) the Employment Appeal Tribunal (EAT) had to grapple with the thorny issue of whether TUPE applied when a panel law firm lost a tender to provide legal services to a client body. Judgment was given on 25 March 2010. But first a look at the prequel.

Primeval TUPE

Before the fall, ie before old TUPE was taken in for reconstruction resulting in the sleek, new TUPE offered since 6 April 2006 by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) there was endless dispute, litigation and uncertainty about whether in various different circumstances the old 1981 TUPE Regulations would apply to protect the employment of those employees affected when a public authority or other organisation contracted out functions that had previously been conducted in-house. For if TUPE did apply to a transfer of an undertaking all the rights, powers, duties and liabilities of the originating transferor organisation arising under the contracts of

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MOVERS & SHAKERS

Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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Firm expands with new Grimsby office to serve North East Lincolnshire

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Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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