Posted by Gemma Ospedale, Partner
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.
Temporary cessation of work did not preclude TUPE transfer or service provision change
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.
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