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
