Asda media move could spell TUPE for Brilliant staff
The Drum understands that TUPE regulations could come into play after Brilliant Media lost Asda's regional media account to Carat.
The news that Asda has moved the £12m business to London raises questions as to what it will mean for the Brilliant team who worked on the account in Leeds. If TUPE is invoked they could follow the account to Carat.
Brilliant Leeds managing director Chris Broadbent was in a meeting this afternoon and could not be reached to clarify the situation at the time of writing. The Drum is also awaiting a response from Carat.
But in these circumstances TUPE tends to be enforced. The legislation is designed to protect staff who exclusively work on one piece of business, though it has been criticised for not being workable in the media and creative industries.
Marketing intelligence service ALF lists five Brilliant Media employees who have worked on Asda business.
They are account director Corrina Kasimos, account managers Errine Parish and Katherine Morse, board director Sara Humphries and planning campaign manager Chris Leek.
The TUPE rules can leave a cloud over what would otherwise appear to be straightforward account moves.
One such example is rumbling on now following the recent Scottish Government account move. Feather Brooksbank may have to take on MediaCom staff according to an employment lawyer.
Yesterday Brilliant Media chief executive Steve Lane told Campaign that the agency was still "solvent" following the Asda loss.
The agency is waiting on the result of a review by its biggest client DFS.