Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust and Others [2016]

Posted In: Case Law
  • Case Reference
    UKEAT 0267_15_2101
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: TUPE; Service Provision Change: Split of Functions Following a Retendering Process

In recent decisions the Employment Appeal Tribunal has, notwithstanding the usual stricture by the courts that service provision change under regulation 3(1)(b) of TUPE (Regulation 3 of the NI SPC Regs) must be given a plain and literal meaning, advanced a common sense interpretation of the wording concerned in order to achieve a fair result. 

In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust and Others the EAT (Simler J (President)) continued this approach.  The issue in this case was whether there could be a service provision change when, on a re-tendering of a service, there was a split in functions, with the separated functions given to two new

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This article is correct at 22/04/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email

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