TUPE Update - October 2015

Posted in : TUPE Updates on 27 October 2015
Dr John McMullen
Spencer West LLP
Issues covered:

In this TUPE update, we cover two cases of interest, one in the European Court, and one in the UK Employment Appeal Tribunal.  In the former, the European Court considered the winding up of Air Atlantis and the taking over of its activities by its major shareholder, TAP.  As we will see from the commentary below, this was a classic business transfer for the purposes of the Acquired Rights Directive and, therefore, we suggest, for the purposes of TUPE.  In the latter, the EAT considered a case where an organised grouping of employees for the purposes of a service provision change TUPE transfer did not lose its status as an organised grouping of employees simply because

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This article is correct at 27/10/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com

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