TUPE Update: Suspension of Activities; Scope of Regulation 3(5); Automatic Unfair DismissalPosted in : TUPE Updates on 3 October 2018
We cover some interesting cases in this issue. The European Court has taken the view that a temporary suspension of activities of five months in duration did not prevent a transfer of an undertaking; the GB Employment Appeal Tribunal has given valuable guidance on Regulation 3(5) of TUPE, which excludes a transfer of administrative functions between public administrative authorities from TUPE protection; and in Hare Wines Ltd v Kaur the EAT has found that an employee was automatically unfairly dismissed because of a TUPE transfer.
Temporary Suspension of Activities for Five Months did not prevent a Transfer of an Undertaking
In the European Court case of Jorge Luís Colino Sigüenza v
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More on Transfer of Undertakings (TUPE)
- Variations in Terms and Conditions Following the Transfer of an Undertaking
- Brexit and European Court Case Law on Transfers: EU Retained Case Law: How Will It Work?
- The TUPE King’s Top Five Cases of 2020
- TUPE and Restrictive Covenants - Update from Dr John McMullen October 2020
- Ferguson v Astrea Asset Management Ltd 
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.