header-logo header-logo

A mixed bag

88404335_4

Ian Smith combines an element of sanity with the esoteric & the notorious

This month’s column mainly covers two esoteric areas, of notorious difficulty. The first is the concept of a “service provision change’”, introduced into the 2006 version of the TUPE Regulations, initially as a simplification exercise in contracting-out cases, but now perhaps starting to be seen in its true colours (actually red—as “in tooth and claw”). The second is yet another case on equal pay comparison within local authorities, a matter which should be pronounced upon at last by the Supreme Court later this year. To restore a small element of sanity, the last case is a more standard one on tribunal procedure; it concerns a well known issue/irritant arising where an adjournment is requested (possibly not for the first time) on health grounds and its result may not be what employment judges would want to hear.

TUPE & service provision changes

The decision of Judge Clark in Enterprise Management Services Ltd v Connect-up Ltd [2011] UKEAT/0462/10 sums up much of the existing authority to date

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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
back-to-top-scroll