Tag Archives: SPC

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 'assigned' to a grouping of employees and therefore transferring with that grouping where there is a service … Continue reading

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Filed under Jurisdiction: UK, TUPE

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 under more than one contract, provided the clients are a group with … Continue reading

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Filed under Jurisdiction: UK, TUPE

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 Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  Government plans to reform TUPE … Continue reading

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Filed under Employment law reforms, Jurisdiction: UK, TUPE

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 force in October 2013, but as anticipated the timetable has slipped and the Government now intends … Continue reading

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Filed under Jurisdiction: UK, TUPE

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 July as originally indicated. This may suggest a delay to the original planned implementation date of October 2013. The … Continue reading

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Filed under Jurisdiction: UK, TUPE

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 to TUPE in response to the 'call for evidence' last year: 

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Filed under Employment law reforms, Employment tribunal process, Jurisdiction: UK, TUPE

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 duration”. There have been conflicting EAT views as to whether this only applies when … Continue reading

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Filed under Jurisdiction: UK, TUPE

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 being provided changes at the same time as the change in service provider. This … Continue reading

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Filed under Jurisdiction: UK, TUPE

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 services to that one client.  The EAT has ruled that employees who were … Continue reading

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Filed under Jurisdiction: UK, TUPE

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 of the client to whom the service is provided as well as … Continue reading

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Filed under Jurisdiction: UK, TUPE