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EAT shows a number of factors decide when TUPE applies

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.

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

18 Mar 2019

Schools and the provision of affordable housing

Assessing the implications of an absence of affordable housing for teachers, and considering how schools' surplus land could provide solutions.

15 Mar 2019

Can a failure to provide rest breaks under Working Time Regulations lead to personal injury damages?

Employers who refuse rest breaks may be liable for personal injury caused by the lack of breaks

12 Mar 2019

Teacher's suspension was not in breach of contract

Court of Appeal: employer had reasonable and proper cause to suspend pending investigation of allegations of unreasonable force against children