TUPE: Temporary Cessation Of Work

Mustafa and another v. Trek Highways Services Limited and others UKEAT/0064/15

There is relatively limited case law dealing with a temporary cessation of work in a TUPE context. However, in the case of Mustafa, the Employment Appeal Tribunal (EAT) considered whether there had been a business transfer or service provision change (SPC) under TUPE 2006 where a subcontractor had suspended its operations shortly before the main contract was awarded to a new contractor.

Amey Services (Amey) was appointed by Transport for London (TfL) to carry out road maintenance services. It subcontracted the traffic management element of its services to Trek Highways Services Ltd (Trek) and the claimants TUPE transferred from Amey to Trek.