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)
- TUPE Update: Automatically Unfair Dismissals; EU Acquired Rights Directive
- Does a final written warning on an employee file adjust after TUPE transfer?
- Must employees sign a harmonisation of contracts letter under TUPE without seeing new Terms & Conditions?
- TUPE Update: Construction of an indemnity clause; Continuity of employment; Automatic unfair dismissal
- TUPE Update: “Successor Employers”, Reinstatement Orders, Contractual Variations
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.