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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

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
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