EAT TRANSFER OF UNDERTAKINGS – Service provision change – The Claimant solicitor worked in-house for a facilities management company which ran into financial difficulties. In consequence she was engaged in disposing of service contracts to third parties. Administrators were appointed, who had previously engaged the Appellant as solicitors to act for them in the administration. Their work in doing so involved disposing of the company’s contracts. The Claimant, who had been purportedly made redundant five days after the administration began, argued that there had been a service provision charge. An Employment Tribunal at preliminary hearing agreed with her. Since then, two decisions (Key2Law and Edenwest) had supported the Appellant’s submissions that the identity of the ‘client’ before and after the SPC had to be one and the same, and that it could not be said that the statutory provision that administrators acted as agents of the company in exercising their functions meant that the client for whom the services were provided was the company, rather than just the Appellant.
Held: there had been no service provision change. ET overruled.
Judges:
Langstaff J P
Citations:
[2012] UKEAT 0158 – 12 – 1007
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 November 2022; Ref: scu.464725