In Tapere v South London and Maudsley NHS Trust the transferor (the seller) had mobility clauses in the contracts of the employees who transferred to the transferee (the buyer).  The mobility clause allowed the selling business to move the employee to work at other locations “within the Trust” (this was an NHS Trust employer). The transferee sought to argue that, because the contracts had come across to them under TUPE, the mobility clause covered the transferee’s work sites. The Employment Appeal Tribunal however ruled that, following the TUPE transfer, this mobility clause only covered the transferors’ locations and TUPE did not operate so as to expand the scope of mobility clauses to the transferee’s work sites.

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