header-logo header-logo

Special assignment

07 December 2012 / John McMullen
Issue: 7541 / Categories: Features , Terms&conditions , TUPE , Employment
printer mail-detail
istock_000019359930medium_4

John McMullen casts an eye over the court’s approach to team participation & service provision change under TUPE

In broad terms (and subject to some express exclusions), whether there is a relevant transfer by way of service provision change (SPC) under reg 3(1)(b) of the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 depends on whether “activities” on behalf of a client have ceased to be carried out by one person (either a client on its own behalf, or a contractor) and are, instead, carried out by another person on that client’s behalf.

A pre-condition, however, is that, immediately before the SPC, there must have been an organised grouping of employees, the principal purpose of which was to carry out those activities on behalf of the client (reg 3(3)(a)(i)). This article examines the rigour with which this provision is required to be examined. It is also to be stressed that it is not enough for the employee to point out that the organised grouping exists before the SPC. The employee must be

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
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
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
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
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
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll