Dr John McMullen

Dr John McMullen

About Dr John McMullen

Dr John McMullen is a partner at Stone King LLP and author of Business Transfers and Employee Rights.

TUPE: Were the reasons for dismissal personal?

14 Mar 2019

A recent Court of Appeal case looked at whether someone dismissed directly before a business transfer was right to claim...

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TUPE and service provision change: What happens if a service is fragmented?

25 Sep 2018

Service provision change is a notoriously thorny area of TUPE transfer law. But it can become even more complex where...

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TUPE: Establishing reason for dismissal is not always clear cut

30 Apr 2018

Does an employee who is let go shortly before a transfer of business always qualify for automatic unfair dismissal?

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How does TUPE apply when an employee asks to be transferred?

22 Jan 2018

When a business or service is transferred outside the UK, affected employees often take redundancy. But what happens if an...

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TUPE abattoir case decision reinforces activity rules

18 Sep 2017

The recent decision on Anglo Beef Processors UK v Longland is the latest TUPE case to confirm the rules on...

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TUPE  service provision change: case underlines TUPE rule on “principal purpose” of an “organised grouping of employees”

30 May 2017

The case of Tees Esk & Wear Valleys NHS Foundation Trust v Harland.underlines the principle that for TUPE to apply...

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Common sense needed in TUPE service provision changes

21 Feb 2017

A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not...

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Tribunal case shows a number of factors decide when TUPE applies

6 Dec 2016

In the recent case of ALNO (UK) Ltd v Turner the Employment Appeal Tribunal stressed the need to apply the...

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Two groups of people meeting

Case shows TUPE service provision changes only apply to group providing service immediately before the transfer

6 Sep 2016

Dr John McMullen explains how the “principal purpose” test in TUPE service provision changes relates to an organised grouping of...

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TUPE case confirms obligations apply to multiple providers

14 Jun 2016

TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr...

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TUPE webinar: Transferring an employee to another organisation creates challenges for HR

TUPE and short-term contracts: tribunal case leaves uncertainty

13 Mar 2016

The recent employment tribunal case of ICTS UK Ltd v Mahdi shows there is uncertainty about TUPE and short-term contracts....

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TUPE: ECJ decides a classic business transfer case

10 Dec 2015

A recent ruling by the European Court of Justice provides a classic example for HR practitioners of what constitutes a...

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TUPE: A third party cannot dictate whether or not an employee is “assigned”

2 Sep 2015

A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is “assigned” to an employer...

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A TUPE service provision change can apply to transfers to more than one firm

1 May 2015

Application of a TUPE service provision change transfer depends on whether or not activities on behalf of a client cease...

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tupe transfers

Case shows risk of transferee liability for harassment occurring before TUPE transfers

29 Jan 2015

It is well known in employment law that transferee employers will inherit liability for the transferor’s acts and omissions in...

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