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SPC: activities must be 'on the client's behalf' before and after a change (News, 6 September 2016)

SPC: activities must be 'on the client's behalf' before and after a change (News, 6 September 2016)
Published on: 06 September 2016
Published by: LexisPSL
  • SPC: activities must be 'on the client's behalf' before and after a change (News, 6 September 2016)
  • Impact of this judgment
  • Background law
  • The facts and decision of the employment tribunal
  • The judgment of the EAT

Article summary

A service provision change amounting to a change of contractor is where activities cease to be carried out by a contractor on a client's behalf (whether or not those activities had previously been carried out by the client on his own behalf) and are carried out instead by another person ('a subsequent contractor') on the client's behalf. Both before, and after, the change the activities must be carried out on the client’s behalf. If they are no longer carried out on the client’s behalf after the change then this will not constitute a service provision change. Accordingly, where a Council subsidised park and ride scheme was stopped because a commercial venture was running the same service there was no service provision change because after that change the scheme was no longer being run on the Council’s behalf. EAT: CT Plus (Yorkshire) CIC v (1) Black and ors (2) Lincolnshire Road Car Ltd (trading as Stagecoach). or take a trial to read the full analysis.

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