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20 November 2014 / John McMullen
Issue: 7631 / Categories: Features , TUPE , Employment
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Transferring weight

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John McMullen covers recent cases & developments in the law on TUPE

This year has provided us with a number of interesting TUPE cases, ranging from service provision change, and the timing of a TUPE transfer, to issues of communication by a transferor to the new, transferee, employer.

When service provision change does not apply

Horizon Security Services Limited v (1) Ndeze (2) The PCS Group UKEAT/0071/14/JOJ gives us two illustrations where a service provision change TUPE transfer (Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), reg 3 (1) (b)) may not apply.

In this case, PCS, a security contractor, had been engaged to provide security services for Workspace Plc, which was looking after a business centre on a site owned by the London Borough of Waltham Forest. Then the site was taken back by the London Borough of Waltham Forest, who engaged a new security company, Horizon, specifically to look after the site for a limited period of eight to nine months pending demolition of the building for the purposes of allowing a supermarket to be erected. Employees working for PCS

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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
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