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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.
In Sethi v Elements Personnel Services Limited, the Employment Tribunal has considered the implications of dress codes on men.
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For the first time, the Office for National Statistics (“ONS”) has analysed pay gaps between disabled and non-disabled employees in the UK using newly reweighted earnings data from the Annual Population Survey.
Nazareth Care Charitable Trust which operates a care home in Bonnyrigg, Scotland, recently received a fine after a resident at one of its care homes suffered a fatal injury after falling down a flight of stairs.
An Employment Tribunal has considered the definition of “employee” under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and concluded that this definition is wide enough to cover those who would be more usually described within the UK as workers.
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