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...

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...

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...

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...

TUPE Update: Transnational Transfers; Personal Injury Liability; and SPC

Posted in: TUPE Updates on 09/01/2018 In our latest TUPE update, we look at the GB EAT decision on a transnational TUPE transfer involving a claim by an employee to transfer with the business in which he worked to Manila in the Philippines. We look at a British High Court case on TUPE and the transfer of a personal injury liability to ...

TUPE Update - August 2017

Posted in: TUPE Updates on 22/08/2017 In our August TUPE update, we look at a British EAT decision on service provision change. In Anglo Beef Processors UK v Longland the EAT continues to take a pragmatic and common sense approach to when activities changing hands remain fundamentally the same for the purpose of the service provision ...

TUPE Update – May 2017

Posted in: TUPE Updates on 22/05/2017 In our May TUPE update we consider the first appellate case before the GB Employment Appeal Tribunal on the scope of the Employee Liability Information provisions of Regulation 11 of TUPE. We also note an interesting decision of the CJEU on the application of the Acquired Rights Directive to trans...

TUPE Update – February 2017

Posted in: TUPE Updates on 28/02/2017 In our February TUPE update we look at an EAT decision on dismissal by reason of redundancy and how that may be legitimised by the provisions of TUPE. We also include an update on two cases pending before the European Court on the meaning of the EU Acquired Rights Directive. Opinions of the Advocat...

Business transfers and the "multi-factorial" approach

Posted in: TUPE Updates on 08/11/2016 In the year 2000, in Cheesman v R Brewer Contracts Limited, Mr Justice Lindsay, the then President of the Employment Appeal Tribunal summarised the current rules on business transfers under the Acquired Rights Directive and the TUPE Regulations and coined a "multi-factorial" test for employment tri...

TUPE and Service Provision Change: Similarity of Activities

Posted in: TUPE Updates on 07/11/2016 In a recent case on service provision change the Employment Appeal Tribunal has examined the requirement, under the TUPE Regulations 2006, that the activities carried out by a new service provider must be fundamentally the same as the activities carried out by the previous service provider in order...