header-logo header-logo

24 March 2012 / John McMullen
Issue: 7506 / Categories: Features , TUPE , Employment
printer mail-detail

Hard to crack?

istock_000018651552medium_final_4

John McMullen tackles TUPE’s “gold-plated” SPC rules

The Department for Business, Innovation and Skills published its call for views on the effectiveness of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) last November. It stated that “some” businesses believe TUPE to be “gold-plated” and “over-bureaucratic”. When “gold-plating” is mentioned, we know which aspect of TUPE appears first in the crosshairs—the service provision change (SPC) rules under reg 3(1)(b).

Regulation 3(1)(b) provides that a relevant transfer may include: “A situation in which:

  • activities cease to be carried on by a person (“a client”) on his behalf and are carried out instead by another person on the client’s behalf (“a contractor”);
  • activities cease to be carried out by a contractor on a client’s behalf (whether or not those activities had previously been carried out by the client on his own behalf) and are carried out instead by another person (“a subsequent contractor”) on the client’s behalf; or
  • activities cease to be carried out by a contractor on a client’s behalf (whether
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll