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
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More on Transfer of Undertakings (TUPE)
- Transfer of Minimum Wage Records
- Bringing an IT service back in-house – How do I handle it?
- Acquired Rights Directive – Does holding a ‘Position of Trust’ preclude TUPE protection?
- Reiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH 
- TUPE Update: Failure to transfer tangible assets – determinative or not?
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.