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

Home Office Central Registry for modern slavery statement goes live - first universities publish statements

The Home Office recently launched a central registry for modern slavery statements. A growing number of educational organisations, including a number of universities, have published statements on the registry.

View blog

Allegations of abuse in schools, colleges and universities

The website “Everyone’s Invited” is a movement which is “committed to eradicating rape culture” and describes “rape culture” as “all the ways that different forms of aggressive and violent sexual behaviour are normalised, encouraged and even admired by society”. Find out more.

View blog

Equal pay at ASDA stores - appeal to the Supreme Court unsuccessful

35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.

View blog

Supreme Court confirms that sleep ins are not working time

The Supreme Court judgment represents the conclusion on whether or not “sleep in time” should be classified as working time, when calculating the National Minimum Wage (NMW).

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up