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Time for change

09 December 2016 / John McMullen
Issue: 7726 / Categories: Features , Employment
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John McMullen discusses TUPE & service provision change disputes

  • The Salvation Army Trustee Company v Coventry Cyrenians Limited : obiter, the EAT raises some fascinating issues on the better (alternative) resolution of TUPE disputes.

By virtue of reg 3(2A) of the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (SI 2006/246), for a service provision change, the activities being carried out by another person in succession to a previous provider (or client) must be activities which are “fundamentally the same” as the activities carried out by the person who has ceased to carry them out. This rule was introduced by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (SI 2014/16) and is a consolidation of a previous case law rule (see, eg, Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) UKEAT/0286/08/RN) to this effect. This was the provision under consideration in the Employment Appeal Tribunal (EAT) case of The Salvation Army Trustee Company v Coventry Cyrenians Limited UKEAT/0120/16/RN. Obiter, the EAT also raises some fascinating issues

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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