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ARTICLE · 23 AUGUST 2012

TUPE - Organised Groupings

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One of the conditions necessary for a service provision change to occur under the TUPE Regulations is that, under Regulation 3.3(a)(i), there must be

United KingdomEmployment and HR
Blair Adams
Blair Adams

One of the conditions necessary for a service provision change to occur under the TUPE Regulations is that, under Regulation 3.3(a)(i), there must be:

"an organised grouping of employees situated in Great Britain which has as its principal purpose the carrying out of the activities concerned on behalf of the client" (emphasis added).

It has taken some time for cases on the issue of "organised grouping" to come through the courts, but a number of recent cases in the EAT have turned on the meaning of the expression and the distinction between an "organised grouping" and a mere "group". 

Seawell Limited v Ceva Freight (UK) Limited: Mr Moffat worked for Ceva who had a contract to supply logistics services to Seawell.  Ceva employees were organised into an "outbound" group and an "inbound" group.  Mr Moffatt was in the "outbound" group and spent 100% of his time doing Seawell work.  However, other Ceva employees worked on other contracts.

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