September 6, 2016
by Jeffrey
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If a new service provider starts to operate a service causing the existing service provider who operated that service on behalf of the client to cease to do so, is there a service provision change? The Facts CT operated a park … Continue reading
June 13, 2016
by Jeffrey
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This case is another useful example of the difficulties in determining whether there is an organised grouping of employees whose principal purposes is the carrying out of the relevant activities on behalf of the relevant client (as required by Reg … Continue reading
March 11, 2016
by Jeffrey
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Although there are a number of factually specific issues in this appeal there is one clear issue of law which is not insignificant and it is this: In a Reg 3(1)(b) Service Provision Change (SPC) is it necessary for the … Continue reading
February 10, 2016
by Jeffrey
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This case was an appeal essentially on the facts, however, it is useful because the EAT (Simler P) has summarised and reminded us of some important principles on the following subjects: Transfer of an economic entity (Reg 3(1)(a)). Whether the … Continue reading
December 22, 2015
by Jeffrey
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There have been a number of significant developments and refinements in TUPE case law in 2015. Meaning of ‘client’ One significant development concerned the issue of who is a client under Reg 3(1)(b). It was generally understood that there could … Continue reading
November 27, 2015
by Jeffrey
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By Reg 3(3), a pre-condition of a Service Provision Change under Reg 3(1)(b) is that the client ‘intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific … Continue reading
November 16, 2015
by Jeffrey
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The central issue in this case is whether there is a Reg 3(1)(a) transfer if an employee moves from an employment contract with a single employer to one with multiple employers, including the original employer. Background Facts C had been … Continue reading
October 1, 2015
by Jeffrey
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It has long been the case that under a traditional Reg 3(1)(a) transfer a temporary cessation of work did not prevent employees assigned to the organised grouping from transferring. (see P Bork International Bork international A/S v Foreningen AF Arbedjdsledere … Continue reading
September 13, 2015
by Jeffrey
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In this case three questions were referred to the ECJ by the Lisbon High Court. The second and third questions concerned the circumstances in which a national court is required to make a reference to the ECJ, the first however … Continue reading
September 10, 2015
by Jeffrey
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The issue in this case is whether an employee on long term sickness absence is assigned to the organised grouping of employees who transferred under a Reg 3(1)(b) Service Provision Change transfer. The Facts The employee, who was employed by … Continue reading