header-logo header-logo

Contemplating relocation

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll