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Alexandra Sidossis obtains a successful outcome under TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006)

Last month, Alexandra Sidossis successfully argued a Service Provision Change (SPC) TUPE transfer in a 7-day preliminary hearing. Here are the key points to take away:

 

SPC TUPE transfer is a thorny area of law, especially when the services provided by the original contractor are divided amongst two or more transferee companies. A case can become even more difficult when the original contractor unilaterally decides to which transferee companies the employees should be transferred, without consulting the client. Steps that the legal representatives can take to ensure proper resolution of the matter are: 

 

Learn the industry: Efficient knowledge of the industry will work as a bedrock for the applicable legal tests.

Have a clear understanding of the working structure of the original contractor. 

Have a clear understanding of how the services were divided amongst the transferee contractors: While a difference, or fragmentation, in the services rendered may be fatal to a TUPE claim, a difference in the mode in which the services were provided will not be.

Alexandra accepts instructions to advise and represent clients in the Employment and Employment Appeal Tribunals. To instruct Alexandra, please contact [email protected].

 

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