The worker status debate leached into the TUPE sphere towards the end of 2019. A ‘worker’ is defined by section 230(3) of the Employment Rights Act 1996 (ERA) as: An individual who…works under: A contract of employment, or Any other contract…where the individual undertakes to do or perform personally any work…for another party who…is not…a… Read More
TUPE transfer: new security contractor takes over equipment but not staff
In Securitas v ICTS Portugal the CJEU held that there can be a transfer of an undertaking when a new contractor takes over security services from a previous contractor without accepting the employees assigned to that work, if the new contractor takes over the equipment which is essential in order to deliver those services. Securitas… Read More
Employment law reform announced by Government
The government has recently outlined plans for employment law reform, including financial penalties to be introduced on employers who breach employment rights. The main proposals of notable interest are:- To increase the qualifying period for unfair dismissal to 2 years. For all claims to be submitted to ACAS for pre-conciliation before a claim can be… Read More