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
Issues covered:

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 03/10/2018

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

View all articles by Dr John McMullen