TUPE and agency workers – what is an “organised grouping”?
A recent Employment Appeal Tribunal (EAT) decision in the case of Mach Recruitment Ltd v Mrs Maria Oliveira shows how employment tribunals may apply the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) to agency workers. Background Mrs Oliveira was an agency worker employed by G-Staff Ltd (G-Staff) under a contract of employment. She…
Mach Recruitment Ltd v Oliveira [2025] EAT 107 – Service Provision Changes Under TUPE: Organised Groupings of Employees in Temporary Work Agency Transfers
The Law Under Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), a service provision change will occur when, immediately prior to the change, there is an organised grouping of employees whose principal purpose is to carry out activities on behalf of the client. (regulation 3(3)(a)(i)) The Facts Mrs Oliveira was originally engaged by G-Staff…
New Identity Verification at Companies House: What You Need to Know
From 18 November 2025, Companies House will begin a 12-month phased rollout of mandatory identity verification for directors and people with significant control (PSCs). This change, introduced under the Economic Crime and Corporate Transparency Act 2023, is intended to improve the accuracy and integrity of the UK company register. The new rules will affect both…
Lutz v Ryanair DAC and Anor: Court of Appeal upholds decisions of Employment Tribunal and Employment Appeal Tribunal concerning employment status of agency pilot
Facts: Mr Lutz, a pilot, was supplied to Ryanair by an aviation recruitment agency called MCG Aviation Limited (now known as Storm Global Ltd) (Storm Global). Storm Global had a contract with Ryanair to supply “contracted pilots”. Storm Global in turn mandated that Mr Lutz must provide his services through a service company called Dishford….
For Women Scotland v The Scottish Ministers: the implications of the Supreme Court ruling on gender under the Equality Act 2010
The Supreme Court’s April 2025 ruling in the case of For Women Scotland v The Scottish Ministers attracted widespread commentary, debate, and confusion. We are now a few months on, and the implication of the decision is no more clear. The Supreme Court have ruled that when it comes to the provisions of the Equality…
Contractor loses claim for fees because of “entire agreement” clause in contract
In the recent case of Mr Alastair Dobbie v Paula Felton T/A Feltons Solicitors, the Employment Appeal Tribunal ruled that a consultant, whose contract contained “entire agreement” and “no oral variations” clauses, could not argue that there had been a separate verbal agreement to change its terms. The case acts as an important reminder to…
AI in recruitment and potential for bias
There are many benefits to using Artificial Intelligence (AI) tools in recruitment processes, to automate filtering processes and promote efficiency, scalability and consistency. AI in recruitment is on the rise, with a November 2023 survey by the Institute of Student Employers finding that nearly a third of employers are now using AI as part of…
Right to Work changes relating to casual workers
Yvette Cooper, Home Secretary, has recently confirmed that the government plans to extend the UK’s Right to Work scheme to include self-employed contractors. Every employer in the UK must undertake a right to work check to secure a statutory excuse to an illegal working civil penalty being imposed. If imposed, an illegal working civil penalty…
Viewpoint: How HM Treasury is undermining the Employment Rights Bill
Originally Written by Nick Dancer for Recruiter Magazine Will the government’s solution to tackling tax avoidance really work? Chancellor Rachel Reeves’ announcement in the Autumn Budget that the government would tackle tax avoidance in the umbrella sector was a long-overdue commitment to clean up bad practice. However, the proposed solution – shifting PAYE liability from…
The Employment Rights Bill: Recent Updates
The Employment Rights Bill, introduced in the House of Commons on 10 October 2024, promises to reshape the industry with significant amendments and announcements. Key provisions: Unfair Dismissal: The Bill removes the qualifying period for unfair dismissal, currently set at two years. Statutory Sick Pay (SSP): Strengthening SSP by removing the requirement that an employee…