Website Cookie Policy

We use cookies to give you the best possible online experience. If you continue, we’ll assume you are happy for your web browser to receive all cookies from our website.
See our cookie policy for more information.

Practice Areas

More Information

thepartners@wrigleys.co.uk

Leeds: 0113 244 6100

Sheffield: 0114 267 5588

FOLLOW WRIGLEYS:

Send us an enquiry
Close

EAT shows a number of factors decide when TUPE applies

08 December 2016

In the recent case of ALNO (UK) Ltd v Turner the EAT stressed the need to apply the “multi-factorial” test established in an earlier TUPE case.

This case emphasises that in any business transfer case falling under reg.3(1)(a) (as opposed to a service provision change under reg.3(1)(b)), the multi-factorial approach in Cheesman v R Brewer Contracts Ltd must always be applied.

Dr John McMullen considers the case in his article for Personnel Today here

Previous posts

You can view an archive of John's previous posts for Personnel Today here

Case report

Alno (UK) Ltd v Turner & Anor (Transfer of Undertakings: Transfer) [2016] UKEAT 0349_15_0209 (02 September 2016)

If you would like to discuss any aspect of this article further, please contact the Employment Team on 0113 244 6100.

You can also keep up to date by following Wrigleys employment team on Twitter

The information in this article is necessarily of a general nature. Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors

 

 
21 Aug 2026
Alacoque Marvin Headshot

Employment Rights Act 2025: updated implementation timetable from August 2026 onwards

On 7 August, the Government published its updated implementation timetable for upcoming changes under the Employment Rights Act 2025.

18 Aug 2026
Alacoque Marvin Headshot

New limits on academy trust senior pay and future pay rises

Amended Academy Trust Handbook guidance will apply from 1 October 2026.

14 Aug 2026
Rachel Meredith Headshot

Court of Appeal judgment closes business rates avoidance ‘box shifting’ loophole

A recent judgment may require property owners to reconsider rates mitigation arrangements for empty commercial property.