EMPLOYMENT: PR adviser transferred when account switched


An employment tribunal has ruled that a professional service employee had the right to transfer to a new firm when a client account moved - a decision that could have 'far reaching consequences for law firms'.



The case of Hunt v Storm Communications, Wild Card Public Relations and Brown Brothers Wines concerned the provision of public relations (PR) services by the claimant Karis Hunt.



The tribunal held that when the client, Brown Brothers, transferred a PR contract from Storm to Wild Card following a re-tendering process, Ms Hunt was transferred under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) introduced in April 2006.



David Gray-Jones, a solicitor at Thomas Mansfield who represented Ms Hunt, said: 'This is an indication that TUPE could clearly apply to the provision of legal services.'



Ross & Craig partner Stephen ten Hove, who acted for Wild Card, agreed. 'If the judgment is correct, the 2006 legislation will have far-reaching consequences for law firms,' he said.



'For example, if firm A has one or more lawyers working mainly or exclusively on a particular client's work, those lawyers will transfer to firm B, should the client decide to award the work to firm B. The fact that the client wishes to instruct firm B because it is dissatisfied with the service the lawyers at firm A have provided, or its cost, will be immaterial.'



Mr ten Hove said his client was considering whether to appeal.



Catherine Baksi