March 11, 2021
by Jeffrey
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In a TUPE case, can an order for re-engagement be made against a transferee who is not joined in the proceedings? (Err? No!) Could a compensation order also be made against a transferor when all liability passed to the transferee? (Again, … Continue reading
March 3, 2021
by Jeffrey
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This is the first appellate case to apply the ECJ decision in Govaerts. It did so in the context of a service provision change (SPC) under Reg 3(1)(b) of TUPE. The Background Amey, the transferor, had a contract with NLC … Continue reading
July 9, 2020
by Jeffrey
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G was employed by ISS from 2002. ISS is a cleaning and maintenance service provider to the local authority in Ghent, Belgium. It had a contract consisting of 3 lots. Lot 1: museums and historic buildings; Lot 2: libraries and … Continue reading
July 4, 2019
by Jeffrey
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The issue in this case is whether a transferor is required to answer a production notice served by a former employee under s. 10 of National Minimum Wage Act 1998 (NMWA). Central to this issue is whether the transferor is … Continue reading
February 22, 2018
by Jeffrey
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This case is an illustration of the importance of identifying the pre-transfer ‘activities’ in a service provision change under Reg. 3(1)(b). The Facts The case concerned the provision of adult care packages. S provided residential services for the Council up … Continue reading
November 28, 2017
by Jeffrey
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This case raises the question of whether a service provision change amounted the transfer of an economic entity that retained its identity (i.e. an old style transfer within Art 1(1) – TUPE Reg 3(1)(a)). (In Portugal there is no service … Continue reading
March 8, 2017
by Jeffrey
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In Service Provision Change cases, after determining that there is an organised grouping it is necessary to consider under Reg 3(3)(a)(i) whether that grouping had as its ‘principal purpose the carrying out of the activities concerned on behalf of the client’. … Continue reading
October 10, 2016
by Jeffrey
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This case concerns whether activities in a Reg 3(1)(b) were fundamentally the same before and after the transfer as required by Reg 3(2A). The Facts The Claimants were employed by a charity, CCL. They formed a team working in adult … Continue reading
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