The effects of the recession on employment tribunal claims have been revealed in the annual report of Acas, the Government’s advisory, conciliation and arbitration service. Published last week, the report showed a rise of 22 per cent in unfair dismissal claims.
For a service provision change to be effective under the 2006 Transfer of Undertakings (Protection of Employment) Regulations (TUPE), claimants have to show they are an “organised grouping” carrying out “activities” on behalf of the client. In Clearsprings Management Ltd v Ankers and ors, the Employment Appeal Tribunal (EAT) said that there are circumstances in which the “activities” are just too fragmented to satisfy this requirement.
Metropolitan Resources Ltd v Churchill Dulwich Ltd and ors