Unsolicited telephone calls misusing our name - We do not nuisance cold call -
Have a question? Call us on 0800 1979 345
This article was published on July 12th, 2016
When a new provider takes over a service, employees of the original service provider may transfer over under TUPE. But only those who, immediately before the transfer, were part of an organised grouping of employees with the principal purpose of carrying out the particular activities for the particular client qualify.
The employees in this case worked for Millbrook, which had a contract to renovate and supply furniture to the Ministry of Defence (MOD). When that contract was lost to Amaryllis, the Millbrook employees weren’t taken on.
Had they transferred under TUPE? Yes, all bar one, said the tribunal. The department had been set up to fulfill the renovations contract and that fact remained, despite work being also carried out for others. The department hadn’t changed from being one that mainly serviced the MOD contract to one that mainly serviced the needs of all customers, the major one of which happened to be the MOD. And the activities were fundamentally the same.
That was overturned on appeal. It’s not enough to say ‘here’s a department and it does this renovation work – and it’s mainly for the MOD’. At the relevant time (which means immediately before the transfer, as opposed to historically) had the department been organised for the principal purpose of carrying out the activities for that client? The tribunal had focused too much on what had happened in the past when it ought to have assessed the situation as it stood just before Amaryllis took over the MOD contract.
In transfer situations, there will always be questions about whether or not the new service provider will inherit some or all of the existing provider’s employees. This case has highlighted that some sort of deliberate effort to organise a team (an ‘organised grouping’) to carry out certain work for a certain client is crucial to TUPE applying and to employees transferring. And whether that’s the case or not must be judged just before the point at which the new service provider takes over. Important things to consider, whichever side of the transfer you’re on.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.×