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TUPE

July 29th, 2024 by James Goudie KC

In BICKNELL v NHS NOTTINGHAM (2024) EAT 103, applying NICHOLLS V CROYDON LONDON BOROUGH COUNCIL (2019) ICR 542, it is held that the commissioning of services is not itself an economic entity for the purposes of TUPE following a reorganisation, unless the person commissioning the services is also providing those services on the market. For commissioning to be an economic activity, the commissioner had to supply goods and services on the market. If NICHOLLS was wrong, that had to be corrected by the Court of Appeal.

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