Employment Notes

UK: TUPE - EAT holds that employment contracts could be split between transferees following a service provision change

UK: Employees on long-term sick leave are not 'assigned' for TUPE transfer if absence is permanent

Case law has established that temporary absence from work, for example on sick leave or family-related leave, does not prevent an individual being …

UK: TUPE - SPC despite service being provided to more than one client

The EAT has ruled that there can theoretically be a change of service provider covered by TUPE even where the service is provided to more than one client …

UK: TUPE - scope of service provision change exclusion

The service provision change clauses in TUPE exclude from its scope changes of contractor where the client intends the activities to be carried out in …

UK: TUPE - Government plans for reform and the impact on outsourcings

One of the key issues on any outsourcing is what happens to the employees involved in the service.  The answer will be determined largely by the …

UK: Government confirms TUPE reforms will not repeal service provision change clauses

The Government has just published its response to the consultation on proposed reforms to TUPE.  The original plans were to bring the reforms into …

UK: TUPE - recent developments

 The Employment Minister, Jo Swinson, has announced that simplified TUPE regulations will be unveiled in September, rather than the beginning of …

UK: New consultations on (i) proposals to amend TUPE (ii) early conciliation of claims; new occupational health proposals

The Government yesterday published two new consultations on proposed reforms to employment law. The first includes very significant proposed changes …

UK: TUPE - scope of service provision change discussed

The service provision chance (SPC) limb of TUPE does not apply where the activities are in connection with "a single specific event or task of short-term …

UK: Court of Appeal confirms no service provision change where client changes

The Court of Appeal has upheld the EAT's decision that the service provision change provisions of TUPE cannot apply where the client to whom services are …

UK: TUPE - some employees may be excluded from transfer of single client service

Some employees may be left behind with a transferor contractor when a service is taken back in house by a client, even if the contractor only provided …

UK: TUPE - no service provision change where change of client

The EAT has followed its earlier decision in Hunter that there can be no service provision change under TUPE if there has been a change in the identity …