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TUPE roundup: latest caselaw

27 September 2018 / John McMullen
Issue: 7810 / Categories: Features , TUPE , Employment
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From fragmentation to automatically unfair dismissal, John McMullen serves up some recent caselaw

  • Covers cases on fragmentation, random allocation, reg 3(5) and automatically unfair dismissal in relation to TUPE.

Service provision change, the transfer of public administrative functions and automatic unfair dismissal all feature in this autumn round up for TUPE aficionados.

Service provision change

A service provision change TUPE transfer occurs when activities carried out by one provider are taken over by a new provider, as long as there was, immediately before the change, an organised grouping of employees, the principal purpose of which was to carry out the relevant activities for the client (TUPE, Reg 3 (1) (b)).

When one provider is replaced by another provider the position is quite simple. But the position can be more complex where a single provider is replaced by multiple providers. In principle, TUPE may still apply, but not, the case law says, where, as a result of the change, the services are fragmented, and randomly allocated among new providers. This was the subject matter

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Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
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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