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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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