Sinclair Cramsie & Clare Harrington unravel the complexities of relocating TUPE transferees
It is not uncommon for a business to take over a local competitor in order to acquire the competitor’s business and workforce but not its premises. The outcome in the case of Tapere v South London and Maudsley NHS Trust ET Case No. 2329562/2007 has left many employers questioning their approach in situations where they require a newly-acquired business and workforce to move—on some occasions, a relatively modest distance. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) provide a clear route for employees unwilling to make such a move to claim automatic unfair dismissal. The opportunities for successfully defending such a claim appear to be limited.
Contract transfer
Ms Tapere was employed by Lewisham Primary Care Trust, based at Burgess Park in Camberwell. Her contract of employment was transferred by virtue of TUPE to the South London and Maudsley NHS Trust. It was anticipated, both by the transferee and transferor, that the claimant’s place of work would transfer to Bethlem Hospital in Beckenham as soon
