TUPE Update August 2021 – Debts Upon Transfer and Identity of Employer

Posted in: TUPE Updates on 17/08/2021 Domestic Law A court sees through an employer’s attempt get round paying a TUPE debt In Integral Law v Jason [2020] EWHC 3698 (Ch), a former employee of Integral Law was owed arrears of wages. He brought a winding up petition on the ground that the company was unable to pay its debts. A material fa...

Variations in Terms and Conditions Following the Transfer of an Undertaking

Posted in: TUPE Updates on 26/04/2021 In this Bulletin we examine Lewis v Dow Silicones, which demonstrates that when an employee feels badly treated and resigns, claiming unfair dismissal, but fails because he has not shown a fundamental breach of contract on the part of the employer, he has another trick up his sleeve under TUPE. He...

Brexit and European Court Case Law on Transfers: EU Retained Case Law: How Will It Work?

Posted in: TUPE Updates on 21/01/2021 There has been much debate about the status of existing case law on derived EU employment rights in relation to Brexit and we have seen comments about a ‘bonfire’ of employment rights post-transition. In this article, Dr John McMullen discusses two aspects of EU-derived employment rights: the statu...

TUPE and Restrictive Covenants - Update from Dr John McMullen October 2020

Posted in: TUPE Updates on 23/10/2020 In the recent England and Wales High Court case of P14 Medical Ltd v Mahon [2020] EWHC 1823 Cavanagh J has expressed the view that it is beyond doubt that a restrictive covenant in a transferring employee’s employment contract can transfer under TUPE. In this case a TUPE transfer occurred. Mr Mahon...

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...

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...

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...

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...

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...

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...