June 27th, 2024 by James Goudie KC

Can a reorganisation/ mergers, involving the transfer of functions between public authorities, constitute a TUPE transfer? No : says the EAT in the NHS case of BICKNELL. This followed the EAT’s decision in NICHOLLS v CROYDON LBC (2019) ICR 542. The purchasing or commissioning  of goods or services not on the market is held not in itself to be capable of constituting an “ economic activity “ within the TUPE definition of a “ business transfer”. If the Croydon Council case is wrong, it requires the Court of Appeal to correct that.

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