Podcast Location:
Download it here [file size: 29.9 MB]
Part of:
TUPE Master Class Bundle CPD Training Bundle
Employment Law
CPD Points:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
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Course Aims:

This podcast is aimed at employment practitioners, HR professionals and employee representatives. This podcast aims to discuss a flurry of recent Employment Appeal Tribunal decisions which appear to have significantly tightened up the circumstances in which a change of contractor is likely to amount to a service provision change. In November 2011 BIS published a Call for Evidence focussing on the extent to which the TUPE Regulations 2006 ‘gold plate’ the core EU rights relating to service provision changes and insolvency proceedings. This podcast addresses the apparent ‘gap’ between reality and perception in relation to the application of the service provision change provisions.

After completing the course you will:
  • Understand how to identify “the client” or “a client” for the purposes of the service provision change provisions in TUPE;
  • Understand the definition of “activities”;
  • Understand the level of fragmentation required to take a transfer outside of the 2006 Regulations;
  • Understand the meaning of the phrase “organised grouping of employees” for the purposes of change provisions in TUPE;
  • Understand the distinction distinction between activities that consist of the supply of services and the supply of goods for the purposes of the exemption in regulation 3 of TUPE.
Complex Difficulty: 4 of 5
Legal Principles
Practical Guide
Sources and References:
  • Acquired Rights Directive (2001/23/EC);
  • Botzen v Totterdamsche Droogdok Maatschappij BV (Case 186/83) [1985] ECR 519;
  • Clearsprings Management Ltd v Ankers & Others UKEAT/0054/08/LA;
  • CLECE SA v Maria Socorro Martin Valor and Ayuntamiento de Cobisa Case C-463/09;
  • Coventry City Council v Nicholls and others [2009] IRLR 345;
  • Duncan Webb Offset (Maidstone) Ltd v Cooper [1995] IRLR 633;
  • Eddie Stobart v Mr J Moreman & Others UKEAT/0223/11/ZT;
  • Employment Relations Act 1999 s 38;
  • Enterprise Management Services Ltd v Connect-Up Ltd and others [2012] IRLR 190;
  • Hunt v Storm Communications Limited (Unreported, 27 March 2007, Case No. 2702546/2006);
  • Hunter v McCarrick [2012] IRLR 274;
  • Kimberley Group Housing Ltd v Hambley [2008] 1 ICR 1030;
  • Metropolitan Resources Ltd v Churchill Dulwich Ltd and Others [2009] 1 ICR 1380;
  • Nottinghamshire NHS Healthcare Trust v Hamshaw & Others (UKEAT/0037/11/JOJ);
  • OCS Group UK Ltd v Jones & Others UKEAT/0038/09/CEA;
  • Pannu and others v Geo W King Ltd [2012] IRLR 193;
  • Transfer of Undertakings (Protection of Employment) Regulations 2006 Regs 3, 4;
  • Argyll Coastal Services Ltd v Stirling & Ors (Transfer of Undertakings : Transfer) [2012] UKEAT 0012_11_1502;
  • Ward Hadaway Solicitors v Love [2010] UKEAT/0471/09/SM.

The focus of this podcast will be to review some of the recent developments relating to the meaning of a service provision change and the consequences flowing from this within the meaning of the TUPE Regulations 2006.

Podcast added: 11/06/2012

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