header-logo header-logo

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

A literal take

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll