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Transferring weight

20 November 2014 / John McMullen
Issue: 7631 / Categories: Features , TUPE , Employment
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John McMullen covers recent cases & developments in the law on TUPE

This year has provided us with a number of interesting TUPE cases, ranging from service provision change, and the timing of a TUPE transfer, to issues of communication by a transferor to the new, transferee, employer.

When service provision change does not apply

Horizon Security Services Limited v (1) Ndeze (2) The PCS Group UKEAT/0071/14/JOJ gives us two illustrations where a service provision change TUPE transfer (Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), reg 3 (1) (b)) may not apply.

In this case, PCS, a security contractor, had been engaged to provide security services for Workspace Plc, which was looking after a business centre on a site owned by the London Borough of Waltham Forest. Then the site was taken back by the London Borough of Waltham Forest, who engaged a new security company, Horizon, specifically to look after the site for a limited period of eight to nine months pending demolition of the building for the purposes of

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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
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
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
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
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
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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