Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

10 SEP 2015

Jinks v London Borough of Havering UKEAT/0157/14; (2015) EMPLR 039

Jinks v London Borough of Havering UKEAT/0157/14; (2015) EMPLR 039
23 February 2015

Employment Appeal Tribunal (EAT)

Recorder Luba QC


TUPE protects the rights of employees when a business is transferred, including when there is a ‘service provision change’. A ‘service provision change’ occurs when the identity of the person providing services to a client changes. That can cover three situations: (i) the client contracts out the services to a contractor, which then provides the services on the client’s behalf; (ii) the services cease to be provided by one contractor and are then provided by another contractor - both providing the services on behalf of the client; and (iii) the services cease to be provided by a contractor and are then carried out by the client.

This case establishes that a transfer from a sub-contractor back to the ultimate client, bi-passing the contractor, can be a service provision change.

The council engaged S to run an ice rink and an associated car park. S sub-contracted the car-park to R. The ice rink then closed and the car-park closed shortly after that.

Mr J was employed by R. He claimed that the closure of the car-park was a service provision change, because the activities of running the car-park transferred from R to the council.

The employment tribunal dismissed Mr J’s claim because, for there to be a service provision change from R to the council, R would have to have been a contractor of the council. R was in fact only a sub-contractor - the contractor was S. The EAT pointed out that the tribunal had overlooked the point that TUPE defines ‘contractor’ to include ‘sub-contractor’. The case therefore had to go back to the employment tribunal to decide whether R provided the services ‘on behalf of’ the council; and whether the services were provided by the council after R ceased providing them.

TUPE

Law and Practice

The status of employment rights on the transfer of an undertaking is an extremely complex area of...

More Info from £85.00
Available in Employment Law Online

Social Media in the Workplace

A Handbook

This book is intended as a handbook for advisers to employers, providing an overview of the...

More Info from £65.00
Available in Company Law Online
Subscribe to our newsletters