Search

How can we help?

Icon

TUPE regulations apply even where large part of job becomes automated

In Anglo Beef Processors v Longland and Meat & Livestock Commercial Services, Mr Longland had been employed as a carcass service officer for Meat & Livestock, manually classifying carcasses in an abattoir.

Anglo Beef (the client) contracted with Meat & Livestock to provide carcass inspection services. Mr Longland occasionally used computer software to electronically classify the carcasses but in the majority of the time, he classified the caracasses manually. Anglo Beef eventually decided that they would take the classifying services back in-house and use computer software going forward. Anglo Beef terminated the contract with Meat & Livestock.

Both the ET and EAT upheld Mr Longland’s claim and reiterated the importance of adopting a common sense approach to whether the activities remained “fundamentally the same.”

Mr Longland claimed at tribunal that the TUPE Regulations applied and as a result, he should transfer to Anglo Beef on the basis that the activities carried out were “fundamentally the same” both before and after the transfer.

Both the ET and EAT upheld Mr Longland’s claim and reiterated the importance of adopting a common sense approach to whether the activities remained “fundamentally the same.” The activity of processing and labelling carcasses did not change (whether done manually or electronically) and so Mr Longland should have TUPE transferred to Anglo Beef.

This case follows in the same vein as cases before it, the mode of carrying out an activity may change but the activity may remain fundamentally the same. This area of law is very fact specific so for more information, please contact our TUPE Solicitors.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 23 July 2026
  • Immigration

New Priority Service for British citizenship applications: Faster decisions now available

The Home Office has introduced a new Priority Service for British citizenship applications, allowing eligible applicants to receive a decision on their naturalisation or registration application in around 30 working days, rather than waiting the standard processing time of up to six months.

Pub
  • 21 July 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q3 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical corporate and commercial issues, along with key developments our team has examined over the past three months. In Q3, they discuss CICs, company registers, and the use of NDAs in business sales and exits.

art
  • 20 July 2026
  • Privacy and Data Protection

Personal Data FAQs

Explore comprehensive answers to frequently asked questions about personal data, GDPR compliance, and your rights.

art
  • 16 July 2026
  • Corporate and M&A

EMIs – The basics

Discover the essentials of Enterprise Management Incentives (EMIs), an HMRC-approved employee share scheme offering tax advantages. Learn how EMIs incentivise staff, eligibility requirements, and how Clarkslegal can help tailor a scheme for you.

Pub
  • 15 July 2026
  • Litigation and dispute resolution

ICC Arbitration Rules 2026 overhaul: The end of Terms of Reference and future trends – Episode 3

In this final episode, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) discuss the impact of the ICC Arbitration Rules 2026 overhaul, focusing on the end of Terms of Reference. Hear expert insights and practical tips for adapting to the new rules.

art
  • 15 July 2026
  • Employment

New guidance on interim relief: More applications, same high threshold

In certain limited unfair dismissal claims (such as those for automatic unfair dismissal relating to a protected disclosure) claimants can apply for interim relief. This is an emergency measure which essentially prevents a dismissal from taking effect until the claim has been heard.