Businesses that outsource services may wish to retain the right to oblige a service-provider to remove a particular employee from working on that contract. The recent case of Jakowlew v Nestor Primecare illustrates that an employee will remain assigned to the contract until the client's request to remove her is actually implemented. As the employee had simply been suspended while the contractor disputed the request, she remained assigned and therefore transferred to the new provider when the contract ended. Clients may wish to deal with the associated risks by way of indemnity.
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Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.