Strong relationships between the service provider and the
client are critical to successful client service. What happens
when that relationship goes sour? A case in the sphere of
professional services has the potential, in some instances at
least, to make the client-relationship a matter for the
employment tribunal.
Under the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (TUPE), a person's
employment is protected when the provision of a service changes
hands. Employment with the new provider is treated as
continuous with the employment of the previous provider.
Attention was focussed on the application of TUPE to
professional services by its proposed exclusion from new
legislation on service provision changes in 2006. This new
legislation made it easier for a change in service provider to
amount to a TUPE transfer.
