TUPE – What is an ‘Organised Grouping of Employees’?

A service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) takes place when, immediately before the change, there is an ‘organised grouping’ of employees that has as its principal purpose the carrying out of the relevant activities on behalf of the client – TUPE Regulation 3(3)(a)(i). In Eddie Stobart Ltd…. Read more »

TUPE – Service Provision Changes

In Hunter v McCarrick, the Employment Appeal Tribunal (EAT) held that for there to be a service provision change within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the activities carried out by different contractors before and after the transfer must be carried out for the same client. Mr McCarrick… Read more »

TUPE – Service Provision Change Guidance

In Argyll Coastal Services Ltd. v Stirling and Others, a pre-hearing review was necessary to decide whether or not there had been a service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The case concerned 11 members of the crew of the St Brandan, a vessel which had been chartered… Read more »

Redundancy and the Selection Criteria for Alternative Posts

In Samsung Electronics (UK) Ltd. v Monte-D’Cruz, the Employment Appeal Tribunal (EAT) has given guidance on the principles that apply to the process for deciding whether a redundant employee should be offered an alternative position within the organisation. Keith Monte-D’Cruz was one of four senior managers at Samsung Electronics (UK) who reported to the Head… Read more »

New Employment Law Reforms

The Government has published for consultation a package of reforms aimed at simplifying and speeding up the process of ending the employment relationship when it breaks down. This includes: a consultation on how settlement agreements, a simplified form of compromise agreement for use when employers wish to negotiate a termination package with an employee without… Read more »

Court of Appeal Advises on Dealing With Allegations of Misconduct

The Court of Appeal has ruled (Crawford and another v Suffolk Mental Health Partnership NHS Trust) that procedural defects in the disciplinary process adopted by their employer rendered unfair the dismissals of two long-serving nurses who worked on a ward for patients suffering from depression, anxiety or dementia. Mrs Crawford, Mr Preston and two health… Read more »

Low Pay Commission Consults on the Accommodation Offset

The Low Pay Commission (LPC) was established following the introduction of the National Minimum Wage (NMW) Act 1998 to advise the Government on the NMW rates and other issues of relevance. In its remit for the 2013 report, the Government asked the LPC to review the regulations that apply where employers provide accommodation for their… Read more »