Lawyers caught out by TUPE
It has recently been reported in Royden and Others -v- Barnetts Solicitors that the Transfer of Undertakings (Protection of Employment) Regulations 2006 applied when a client (the Britannia Building Society) moved its legal services to a new law firm. The Employment Tribunal decided that two employees of the client's old law firm were sufficiently involved with the client's work to transfer to Barnett's.
Barnett's were exposed to unfair dismissal costs in that they required to Employees to relocate from Birkenhead to Southport which was in effect a substantial change to their working conditions to their material detriment. In addition Barnett's failed to consult adequately under the Regulations. This case demonstrates the importance of considering whether any significant period of time is spent by an organisation's employees on any one particular client that may tender or contract out its services to another organisation.
For further information please contact Steven Eckett.
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