N for No Escape from TUPE

Posted in : Essential Guide to Employment Contracts on 25 August 2015
Kiera Lee
Mills Selig
Issues covered:

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

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

View all articles by Kiera Lee