header-logo header-logo

A literal take

01 March 2013 / John McMullen
Issue: 7550 / Categories: Features , Employment
printer mail-detail

John McMullen examines the EAT’s literal approach to the concept of service provision change under reg 3(1)(b) of TUPE

In McCarrick v Hunter [2012] EWCA Civ 1399, McCarrick was employed in the provision of property services to a property company, the managing director of which was Hunter. However, the lender on the properties appointed Law of Property Act Receivers who thereafter assumed control of the properties and appointed a new property services company, King Sturge. McCarrick did not become employed by King Sturge, but by Hunter directly. He carried out property management services, assisting King Sturge. McCarrick was then dismissed by Hunter and he brought a claim for unfair dismissal. To do so, however, he had to show his employment was continuous between his respective employers.

He argued there was a SPC under reg 3(1)(b) of TUPE. The employment tribunal upheld his claim, but the EAT reversed it. Regulation 3(1)(b)(ii) provides that a SPC occurs where activities cease to be carried out on a client’s behalf and are, instead, carried out by a subsequent contractor on the client’s behalf. That, said the EAT, had

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll