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SERVICE PROVISION CHANGES: What protection for subcontractor employees?

03 July 2015  

A series of recent decisions has widened the definition of ‘client’ for the purposes of claims under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), reports Gwynneth Tan

The Employment Appeal Tribunal has recently confirmed that a party that outsources a service which is then subcontracted may be the ‘client’ of the subcontractor for the purposes of a TUPE claim by the subcontractor’s employees. This is the case even where there is no direct contractual relationship between the two parties. Does this principle, set out in Jinks v London Borough of Havering [2015], take TUPE case law in a new direction?

 

Additional Info

  • Case(s) Referenced:

    Horizon Security Services Ltd v Ndeze & anor [2014] UKEAT/71/14

    Jinks v London Borough of Havering [2015] UKEAT/0157/14

    Ottimo Property Services Ltd v Duncan [2015] UKEAT/0321/14

Last modified on 07 July 2015