First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

What amount of time do we need to allow to pass following a TUPE transfer to change the terms and conditions of transferred employees?

Posted in: First Tuesday Q&A NI on 03/04/2017 Whether or not an employer can change terms and conditions following a TUPE transfer depends on the reason for the change. Any attempt to vary the transferring employees' terms and conditions of employment, whenever it takes place, will be void where the sole or principal reason for the variation i...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

What are the implications of Brexit for Northern Ireland’s employers?

Posted in: First Tuesday Q&A NI on 02/08/2016 What does Brexit mean for the status of our employment laws? The extent to which our employment laws will be affected will be largely dependent upon the economic relationship /trade arrangement to be agreed between the UK and the remaining 27 member states of the EU. It is likely, however, that th...

What happens to employee(s) in the situation where a business sells one of its stores to a franchisee? Does the employee(s) of the business affected (i.e. the employee(s) who work in the store sold to the franchisee) transfer to the franchisee company?

Posted in: First Tuesday Q&A NI on 01/03/2016 The TUPE Regulations may apply to this situation if the relevant criteria for there being a TUPE transfer are met (namely, whether there is a transfer of an economic entity which retains its identity post-transfer). In many cases the sale of a business to a franchisee for TUPE purposes will be no d...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

What happens to the balance of an employee's accrued annual leave when he or she transfers in a TUPE situation?

Posted in: First Tuesday Q&A NI on 01/03/2016 The balance of a transferring employee's annual leave entitlement for the annual leave year transfers to the new employer under TUPE. The transferor does not have to pay the employee for accrued but untaken holiday at the date of transfer. The transferee must allow the employee to take the balance ...
This article is listed under the following topics:
Transfer Regulations (TUPE) Working Time and Leave

What amount of time do we need to allow to pass following a TUPE transfer before we change the terms and conditions of transferred employees?

Posted in: First Tuesday Q&A NI on 02/02/2016 This a very common question from clients. Whether or not an employer can change terms and conditions following a TUPE transfer depends on the reason for the change. Any attempt to vary the transferring employees' terms and conditions of employment, whenever it takes place, will be void where the so...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

Please could you advise if there is a statutory provision relating to a change of payroll date in the context of a change in terms and conditions for TUPE (and other) staff. I am sure there is some form of exception for change in payroll date, but cannot find any relevant information on this.

Posted in: First Tuesday Q&A NI on 05/01/2016 The date on which staff are paid is usually a term of their contract. For example: "Your [basic] salary is £[AMOUNT] per year which shall accrue from day to day and be payable [monthly] in arrears on or about the [DATE] of each month directly into your bank or building society account."Technically,...
This article is listed under the following topics:
Transfer of Undertaking (TUPE) Pay and Conditions of Employment

We are in the process of tendering a currently out-sourced service, and have reason to believe that the incumbent is manipulating the list of TUPE eligible staff (to exaggerate its size) in order to deter other bidders from successfully bidding. Is there any legal precedent for action in cases like this?

Posted in: First Tuesday Q&A NI on 05/08/2015 This is sometimes referred to as “employee dumping” and seems to be a common feature of second or subsequent generation outsourcing. If you do not have a contractual obligation that you can pin on the outgoing supplier requiring it to provide accurate and up to date information about the transferri...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

We bought a business earlier this year and TUPE applied to the deal. One of the employees we inherited has just issued a grievance that he is owed thousands of pounds of commission that the old owner did not pay him. The old owner never told us about this. Do we have any comeback?

Posted in: First Tuesday Q&A NI on 02/06/2015 Firstly, barring certain insolvency situations, the position under TUPE is that all liabilities transfer from old owner to new owner. So, harsh as it seems, you are likely to be on the hook even though this is not your fault. I would then check the terms of any sale and purchase agreement. Very oft...
This article is listed under the following topics:
Disciplinary and Grievance Issues Transfer of Undertaking (TUPE)

Can TUPE apply to sub-contractors?

Posted in: First Tuesday Q&A NI on 02/12/2014 Yes it can. A likely scenario is under the service provision change aspects of TUPE where a client decides to change sub-contractors providing services for it, meaning that staff employed by the first sub-contractor TUPE transfer to the second sub-contractor. Various conditions need to be satisfi...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)