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01 March 2013 / John McMullen
Issue: 7550 / Categories: Features , Employment
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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

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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