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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