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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

24 May 2019

Severance payments and the academy trust: what you need to know - PART 2

An agreed exit for school staff via a settlement agreement may be trickier than you think…

22 May 2019

Update on how retirement complexes' event fees could affect community-led housing groups

An event fee is a charge made by a landlord on the occurrence of a specified event, for instance, if a tenant sells its lease.

17 May 2019

Severance payments and the academy trust: what you need to know - PART 1

An agreed exit for school staff via a settlement agreement may be trickier than you think…