TUPE Update: Suspension of Activities; Scope of Regulation 3(5); Automatic Unfair Dismissal
Posted in : TUPE Updates on 3 October 2018
Dr John McMullen
Spencer West LLP
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)
- Sean Pong Tyres v Moore [2024]
- What are the Differences for Employers to be Aware of Regarding TUPE Transfers in NI and the Rest of the United Kingdom?
- Post Brexit- Employment Law Changes
- TUPE Update August 2021 – Debts Upon Transfer and Identity of Employer
- Service Provision Change Regulations - How Do I Handle It?
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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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