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
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
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 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
June 8, 2015
by Jeffrey
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This case concerns the meaning of ‘client’ and ‘contractor’ within Reg 3(1)(b) Service Provision Changes. The Council owned a car park adjacent to Romford Ice Rink. It contracted the management of the car park to S Ltd. S Ltd sub … Continue reading
March 10, 2015
by Jeffrey
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The issue in this case is whether the word ‘client’ in Reg 3(1)(b) is to be understood as referring to the singular or whether it could refer to more than one client. The Facts D was employed by Chainbow as … Continue reading
February 16, 2015
by Jeffrey
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Was a single employee an organised grouping within Reg 3(3)(a)(i)? The Facts From May to October 2009 the employee was employed by DJ under a 6 month fixed term contract to manage premises in the Netherlands for one of DJ’s … Continue reading
January 23, 2015
by Jeffrey
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This case is concerned with what happens when an employee is dismissed before the transfer but a successful appeal is heard after the transfer, with the complicating features being that the transferee heard the appeal and did not inform the … Continue reading
December 22, 2014
by Jeffrey
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In service provision change cases once an organised grouping of employees is established, the next issue is to determine whether the claimant employee is assigned to that organised grouping (a pre requisite to liabilities transferring under Reg 4). This case … Continue reading