TUPE and the ‘single specific event or task’ exemption

A contract for insulation work on boilers at a power station was originally granted to Kitsons in December 2010. Following problems with the work, the contract was subsequently granted to Swanbridge in October 2011. The work took a further eight months for Swanbridge to complete.

Kitsons argued that the change in provider amounted to a service provision change so that the employees working on the contract transferred to Swanbridge. Swanbridge argued that there was no TUPE transfer, relying on the exemption in TUPE that says that if a contract relates to ‘a single specific event or task of short-term duration’ the SPC provisions will not apply to it. They said that the boiler insulation work was just such a task or event…

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