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On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.

5 April 2016 0 Comments
Posted in Employment, Opinion

Temporary cessation of work did not preclude TUPE transfer or service provision change

Author headshot image Posted by , Partner

In Mustafa and another v Trek Highways Services Limited and others, the EAT has allowed an appeal against a Tribunal’s decision that there was no business transfer or service provision change under TUPE where a subcontractor’s employees had been laid off as a result of a commercial dispute with the main contractor (a highway maintenance company) shortly before the main contract expired and the services transferred to a new contractor. The subcontract terminated by consent 12 days before the new contract was due to start and both the main contractor and the new one refused to take on the subcontractor’s employees on the grounds that TUPE did not apply. This decision has been overturned and the case remitted back to the Employment Tribunal.

The Update will report further once the outcome of the remitted Tribunal hearing is known.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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