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.
John McMullen discusses three cases. These are:
* Secretary of State for Business Innovation and Skills v Dobrucki (TUPE and insolvency).
* London Borough of Hillingdon v Gormanley (whether an employee is assigned to the business or service)
* Rynda (UK) Limited v Rhijnsburger (service provision change and whether a single employee can be an organised grouping of employees)
TUPE and service provision: single employee was an organised grouping of employees
The GB Court of Appeal has, in Rynda (UK) Limited v Rhijnsburger [2015] EWCA Civ 75 upheld the EAT decision in that case to the effect that a single employee could constitute an organised grouping of employees for the purposes of a service provision change under TUPE.
For a
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