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TUPE in professional services

Royden and others vs Barnetts Solicitors

ET 2103451/07

Key facts

When Britannia building society moved its conveyancing work to another legal firm, affected staff were offered continued employment with the new lawyers but were required to relocate from Birkenhead to Southport. The staff claimed automatic unfair dismissal under TUPE, since the change was substantial and to their material detriment.

Decision

The Tribunal upheld the claim, an unexpected decision since TUPE has often been held not to apply to professional services employees in similar circumstances.

Our view

Yet a further apparent extension of the TUPE regulations. Employers would be now well-advised to assume that TUPE applies in all circumstances and act appropriately until proved otherwise.