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20 November 2014 / John McMullen
Issue: 7631 / Categories: Features , TUPE , Employment
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Transferring weight

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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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