0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

TUPE – Organised Grouping of Employees

18 May 2012

One question often asked in a service provision change situation under TUPE is what percentage of time the employee spends working on the activity. Following Seawell v Ceva even 100% won’t necessarily result in a transfer.

Ceva Freight (UK) Limited provided a service to Seawell. Mr Moffat was employed by Ceva and worked exclusively on the Seawell account, although Ceva had other clients. Seawell brought the service in house and Ceva claimed that TUPE applied.

A service provision change requires an organised grouping of employees which must carry out activities on behalf of the client as its principal purpose. Following this case and Eddie Stobart Limited v Moreman it is not enough that the employee happens to work on a particular service for the majority (or all) of his time. The organised grouping of employees must have been deliberately formed for the purpose of carrying out the work. There will be no transfer when an employee merely happens to work solely for a particular client.

related opinions

Employment tribunal changes ahead

There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.

View blog

World Patient Safety Day - health worker safety: a priority for patient safety

The theme for this year’s World Patient Safety Day is “Health Worker Safety: A priority for Patient Safety” and whilst there are many different aspects to this in terms of both physical and psychological safety is vital to promote learning and improve patient safety.

View blog

Covid-19: New guidance for small scale manufacturers of PPE

The Office for Product Safety & Standards has just released its new guidance for small scale suppliers of PPE.

View blog

Government guidance on Covid-19 for Higher Education (HE) institutions

Following the Prime Minister’s announcement on new measures to tackle Coronavirus, and with students about to start new terms, the government has updated its guidance to universities to make their buildings and campuses as safe as possible.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up