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TUPE Updates

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Features

TUPE Update from Dr John McMullen July 2020

Posted in: TUPE Updates on 21/07/2020 Introduction This month we report on a case where senior employees of a transferor deliberately enhanced the benefits and conditions with a view to passing them on to a transferee. How often has that happened to you, or a client transferee? Well, a recent UK EAT decision suggests the transferring e...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)
Features

TUPE Update from Dr John McMullen – April 2020

Posted in: TUPE Updates on 30/04/2020 The effect of TUPE is to transfer all of the transferring employee’s rights to the transferee. But the GB Employment Appeal Tribunal has, in Metroline Travel Ltd v D’Auvergne, reminded us that only rights which are contractual in nature transfer in this way. The European Court has, inReiner Grafe a...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE)
Features

TUPE Update from Dr John McMullen - January 2020

Posted in: TUPE Updates on 31/01/2020 On the day of the UK’s exit from the European Union it may seem idiosyncratic to provide a round up of case law developments on the EU Acquired Rights Directive. But a transitional (or “implementation”) period until 31 December 2020 now follows, during which these developments may still be relevant...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

TUPE Update: Transfer of Minimum Wage Records

Posted in: TUPE Updates on 16/10/2019 In this TUPE update Dr John McMullen looks at the concept of automatic transfer of employment rights and obligations from transferor to transferee, to the exclusion, going forward, of the transferor. Recent case law confirms that an employer's duty under s.9 of the National Minimum Wage Act 1998 t...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)
Features

TUPE Update: Failure to transfer tangible assets – determinative or not?

Posted in: TUPE Updates on 28/08/2019 We devote this issue to a survey of some interesting cases in the European Court on the EU Acquired Rights Directive 2001/23. Our featured case is the fascinating opinion of Advocate General in Grafe and Pohle. Reiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH In Reine...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

TUPE Update: Automatically Unfair Dismissals; EU Acquired Rights Directive

Posted in: TUPE Updates on 09/05/2019 In this Update we report on the automatic unfair dismissal TUPE case of Hare Wines Ltd v Kaur. And we take the opportunity to note activity at European Court level on the EU Acquired Rights Directive. TUPE and automatically unfair dismissals In Hare Wines Ltd v Kaur [2019] EWCA Civ 216 the Court of...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

TUPE Update: Construction of an indemnity clause; Continuity of employment; Automatic unfair dismissal

Posted in: TUPE Updates on 08/01/2019 In this issue, we discuss a dispute about a construction of a TUPE indemnity clause about employment responsibilities for staff in a concession at Harrods Department Store in London. We also cover a recent case on transfer of employment between associated employers. And we bring you up to date on a...
This article is listed under the following topics:
Unfair Dismissal Transfer of Undertaking (TUPE)
Features

TUPE Update: “Successor Employers”, Reinstatement Orders, Contractual Variations

Posted in: TUPE Updates on 30/10/2018 We review two recent cases in this issue. The first deals with whether, after a service provision change TUPE transfer, a new employer is liable, as a “successor” employer, to be the subject of a re-employment order in respect of a former, unfairly dismissed, employee of the old employer. The secon...
Features

TUPE Update: Suspension of Activities; Scope of Regulation 3(5); Automatic Unfair Dismissal

Posted in: TUPE Updates on 03/10/2018 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 exc...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

TUPE Update: Service Provision Change; Share Sale and Transfers South of the Border

Posted in: TUPE Updates on 15/05/2018 In this Update, we look at cases on service provision change, on a business transfer that was deemed to occur hard on the heels of a share sale and a business transfer south of the border. TUPE and Service Provision Change: Fragmentation A service provision change TUPE transfer under The Service Pr...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE)