EAT Transfer of Undertakings : Transfer – The Employment Judge did not err in holding that a hope and wish that following a service provision change activities would be carried out by a transferee in connection with a task of short term duration was not an intention that they would be so carried out. Accordingly … Continue reading Robert Sage Ltd (T/A Prestige Nursing Care Ltd) v O’ Connell and Others: EAT 13 Mar 2014

EAT Transfer of Undertakings : Service Provision Change – Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) Regulation 3(1)(b) – service provision change (‘SPC’) – ‘the client’ The appeal raised a novel point: whether ‘a’ or ‘the’ client, for the purpose of a SPC transfer under Regulation 3(1)(b) was to be understood solely in … Continue reading Ottimo Property Services Ltd v Duncan and Another: EAT 9 Jan 2015

EAT TRANSFER OF UNDERTAKINGS – Transfer The Employment Judge held that there was a service provision change within the meaning of Regulation 3(1)(b)(ii) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 therefore a transfer of an undertaking when the client gave the contract for the work of cladding boilers at a power station … Continue reading Swanbridge Hire and Sales Ltd v Butler and Others: EAT 13 Nov 2013