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
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This article is correct at 07/10/2015
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