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The EAT has decided that there was no TUPE transfer where residents of a care home were discharged home from the care of an NHS Trust, and who received support from two independent service providers who help residents live independently in their own homes. This contrasted with the care provided previously by the trust, where tasks were carried out on the residents’ behalf.
The EAT held that there could be no relevant transfer or service provision change under TUPE because the economic entity did not retain its identity after the transfer. There was a move from ‘institution’ to home and from ‘management’ to ‘support’ so that the services provided to the residents were not ‘fundamentally or essentially the same’ after the change in provider.
But where exactly is the distinction to be drawn between those care services provided before and after the transfer, so as to prevent TUPE applying? In a different factual scenario, that might be a difficult question to answer.
The Government has now announced the measures that it intends to put in place to support the self-employed who are suffering income loss due to the coronavirus pandemic.
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The Government has confirmed that it will not enforce the usual deadlines for gender pay reporting - 30 March for public sector employers and 4 April for private sector employers - this year due to the impact of coronavirus.
The Coronavirus Act 2020 received Royal Assent yesterday and the key employment provisions included in it relate to extensions to Statutory Sick Pay, recovery of Statutory Sick Pay and emergency volunteers.
The much heralded, and controversial, changes to IR35 have fallen victim to Covid-19.
Senior Associate
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