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The changing of the guard

10 January 2014 / John McMullen
Issue: 7589 / Categories: Features , Employment
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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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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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