Eddie Stobart Ltd v Moreman & ors [2012] UKEAT 0223/11/1702 – Law Journals

TUPE: Never a dull moment?

Charles Wynn-Evans rounds up recent case law on service provision changes and other thorny TUPE issues ‘There can be a service provision change where activities are conducted by just one employee. However, the connected issues of the principal purpose of the organised grouping and whether the employee is assigned to that organised grouping can cause …

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TUPE: Back to the future

Richard Kenyon and Lee Harding examine the government’s proposals to scrap the service provision change test and the requirement to provide employee liability information Repealing the employee liability information obligations makes transfers potentially easier for transferors but at the expense of some certainty for transferees. On 17 January 2013 the coalition government issued a consultation …

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Employment Law Reform: Beecroft Report: bonkers or blueprint for the future?

Despite the controversy surrounding Adrian Beecroft’s proposals to make it easier to sack under-performing employees, a number of his ideas may yet make it onto the statute books, report Richard Kenyon and Jennifer Platt ‘Beecroft seems to have made his comments without any supporting evidence.’ The publication of the previously leaked Beecroft Report in May …

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Service Provision Changes: EAT narrows its approach

A recent ruling means that employees may receive greater protection if they bring a claim based on the transfer of an undertaking rather than a change in service provider, argue Peter Sharp and Jill Turner ‘The correct application of TUPE is first to establish that there has been a service provision change under Reg 3(1)(b) …

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TUPE: Outsourcing: back to square one?

A number of recent decisions suggest that the EAT is taking a more restrictive approach to when TUPE applies to a service-provision change, report Kate Barker and Rob Collier-Wright ‘The government decided to clarify the position under UK law by introducing new provisions in reg 3(1)(b) TUPE, which made it clear that employees will transfer …

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