John McMullen sheds light on recent TUPE conundrums
A number of material cases have been decided in the UK on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) which are of considerable interest, particularly those on the new service provision change rules under reg 3(1)(b) of TUPE.
The first case on the new rules on service provision change in reg 3(1)(b) was an employment tribunal decision in Hunt v Storm Communications Ltd, Wild Card Public Relations Ltd and Brown Brothers Wines (Europe) Ltd (Case No 2702546/2006). Storm Communications was a public relations service provider. Brown Brothers Wines (BBW) was its client.
In June 2006, BBW gave Storm notice that it was re-tendering for the provision of public relations services. Storm lost the pitch and the work went, on the re-tender with effect from 1 September 2006, to Wild Card. The claimant had an employment contract as account manager.
Her job description made no specific reference to any particular client, but she started working on the BBW account from the outset of her employment
