header-logo header-logo

01 August 2013 / John McMullen
Issue: 7571 / Categories: Features , TUPE , Employment
printer mail-detail

Transfer deadline

rexfeatures_1304467z

John McMullen talks TUPE & service provision change

It is a pre-requisite for a service provision change TUPE transfer that there is, immediately before the service provision change, an organised grouping of employees which has, as its principal purpose, the carrying out of activities on behalf of the client concerned (Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), reg 3(3)(a)(i)).

Client service

In Eddie Stobart Ltd v Moreman UKEAT/0223/11, [2012] IRLR 356 it was held by the Employment Appeal Tribunal (EAT) that an “organised grouping of employees” means a client team put together by the service provider specifically to serve the client for whom the service is provided.

Eddie Stobart Limited is a warehousing and logistics service provider. It had 35 employees at one site in Nottinghamshire, servicing at least five clients. The contracts reduced to two, the principle one relating to a customer called Vion. Eddie Stobart closed the site. FJG Logistics Limited acquired the Vion work. Eddie Stobart took the view that all employees engaged wholly or for 50% plus of their time on work for Vion should transfer

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll