Labour & European Law Review
28 February 2013
The government’s conciliation service, Acas, has this week launched a consultation on a draft code of practice on the extended right to request flexible working.
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), there cannot be a service provision change when the activities that have been contracted out are “in connection with a single specific event or task of short-term duration”.
Although courts can (and do) imply terms into a contract in certain circumstances, the Employment Appeal Tribunal (EAT) refused to do so in Lloyd v BCQ Ltd.