Jinks v London Borough of Havering [2015]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Service Provision Change; Subcontracts


London Borough of Havering Council contracted with Saturn Leisure( SL) to operate an ice rink and a car park. SL sub-contracted the car park work to Regal Car Parks (RCP). The Council terminated the contract with SL and took management of the car park back in-house. Mr Jinks complained to an employment tribunal that his employment automatically transferred from RCP to the Council and their refusal to take him on amounted to an unfair dismissal.

The Employment Judge struck out the unfair dismissal claim as having no reasonable prospect of success as RCP’s client was SL, not the Council. As there was no contractual relationship between RCP and the Council, there could be no service

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This article is correct at 25/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kiera Lee
Mills Selig

The main content of this article was provided by Kiera Lee. Contact telephone number is 028 9024 3878 or email Kiera.Lee@millsselig.com

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