header-logo header-logo

A mixed bag

88404335_4

Ian Smith combines an element of sanity with the esoteric & the notorious

This month’s column mainly covers two esoteric areas, of notorious difficulty. The first is the concept of a “service provision change’”, introduced into the 2006 version of the TUPE Regulations, initially as a simplification exercise in contracting-out cases, but now perhaps starting to be seen in its true colours (actually red—as “in tooth and claw”). The second is yet another case on equal pay comparison within local authorities, a matter which should be pronounced upon at last by the Supreme Court later this year. To restore a small element of sanity, the last case is a more standard one on tribunal procedure; it concerns a well known issue/irritant arising where an adjournment is requested (possibly not for the first time) on health grounds and its result may not be what employment judges would want to hear.

TUPE & service provision changes

The decision of Judge Clark in Enterprise Management Services Ltd v Connect-up Ltd [2011]

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll