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10 January 2014 / John McMullen
Issue: 7589 / Categories: Features , Employment
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The changing of the guard

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John McMullen surveys cases on service provision change, transfer of employment rights, & objection to transfer

Can there be a service provision change (SPC) within the meaning of regulation 3(1)(b) of TUPE, even though the client is not obliged to guarantee any level of work to the service provider? Yes, said the Employment Appeal Tribunal (EAT) in Lorne Stewart Plc v (1) Hyde (2) Crowley (3) Planned Maintenance Engineering Ltd t/a Carillion (UKEAT/0408/12).

Carillion held a contract for maintenance work for Cornwall County Council under a “framework agreement”. Work was given to Carillion under this agreement, although the council was empowered to place it elsewhere and, also, Carillion had the ability to decline work offered to it. But in practice, the council gave all the work to Carillion and Carillion accepted it when given. The contract came to an end and, after a retendering process, Lorne Stewart Plc (LS) took over the service under an agreement containing similar provisions to the expired agreement with Carillion. LS refused to take Messrs Hyde

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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