N for No Escape from TUPEPosted in : Essential Guide to Employment Contracts on 25 August 2015
What happens to the employees of C if A outsources services to B who then subcontracts to C and A subsequently insources the work or changes the provider from B to someone else? Do C’s employee’s transfer?
Kiera Lee writes:
Until now tribunals have been of the view that since there is no contractual relationship between A and C or any subsequent service provider there is no contract to transfer.
The case of Jinks v London Borough of Havering UKEAT/14/MC gives further clarification of the issue. It is an English case and there is now some divergence between GB and NI TUPE legislation but the findings are relevant as they relate to parts of the regulations that have remained the same.
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This article is correct at 07/10/2015
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