John is an employment Partner at Spencer West as well as being Visiting Professor of Law at Leeds University Business School and serving on the editorial board of ELA Briefing, the journal of the Employment Lawyers Association. He was previously Head of Employment at Pinsent Masons.
John is one of the UK's leading employment lawyers with a national and international reputation. He is the country's leading expert on TUPE and is involved in a wide range of TUPE related matters, including service provision change, mergers and acquisitions, and public sector and third sector transfers.
He has been variously described as “the King of TUPE” and the “TUPE guru”. He is an expert in redundancies and restructuring and also provides advice to senior executives on termination of employment.
He is also:
- the author of Business Transfers and Employee Rights, the leading work on TUPE. First published in 1987, it is a loose-leaf encyclopedia, known affectionately as the “purple book”, and is subscribed to by all major law libraries and law firms and by the Bar
- the author of Redundancy: The Law and Practice, the leading work on redundancy law
- an editor of Harvey on Industrial Relations and Employment Law, commonly known as the practitioner’s “bible” and regularly cited in Court.
In the recent England and Wales High Court case of P14 Medical Ltd v Mahon [2020] EWHC 1823 Cavanagh J has expressed the view that it is beyond doubt that a restrictive covenant in a transferring employee’s employment contract can transfer under TUPE.
In this case a TUPE transfer occurred. Mr Mahon was a transferring employee. After the transfer, Mr Mahon resigned from the transferee, P14 Medical, to join a competitor of the business. But Mr Mahon’s transferred employment contract had restrictions which forbade that. Could P14 Medical sue to enforce those restrictions?
In principle, yes, said Cavanagh J. As the effect of TUPE is that the contracts of employment of all employees in the part transferred are automatically transferred,
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