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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll