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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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