TUPE Updates

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Features

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 ...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE)
Features

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...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

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...
Features

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...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

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...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

TUPE Update - July 2016

Posted in: TUPE Updates on 25/07/2016 In Aguebor v PCL Whitehall Security Group the EAT helpfully discusses the interplay between the concept of a business transfer under reg 3(1)(a) of TUPE and a service provision change under reg 3(1)(b) of TUPE and reg 3 of the Service Provision Change (Protection of Employment) Regulations (Norther...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

TUPE Update - January 2016

Posted in: TUPE Updates on 26/01/2016 In our January TUPE update we discuss a case from the European Court on the subject of service provision change. This arose from the taking back by a client of a service previously outsourced in order for the client to carry out the service on its own behalf for the future. We illustrate the differ...
This article is listed under the following topics:
Health and Safety Contracts of Employment
Features

TUPE Update - October 2015

Posted in: TUPE Updates on 27/10/2015 In this TUPE update, we cover two cases of interest, one in the European Court, and one in the UK Employment Appeal Tribunal. In the former, the European Court considered the winding up of Air Atlantis and the taking over of its activities by its major shareholder, TAP. As we will see from the co...
This article is listed under the following topics:
Unfair Dismissal Health and Safety Collective and Trade Union Issues
Features

TUPE Update - April 2015

Posted in: TUPE Updates on 28/04/2015 John McMullen discusses three cases. These are:* Secretary of State for Business Innovation and Skills v Dobrucki (TUPE and insolvency).* London Borough of Hillingdon v Gormanley (whether an employee is assigned to the business or service)* Rynda (UK) Limited v Rhijnsburger (service provision chang...
Features

TUPE Update - February 2015

Posted in: TUPE Updates on 05/02/2015 John McMullen covers cases of interest (from tribunals to the CJEU) to legal and HR practitioners and other representatives, as well as any legislative and other developments concerning the transfer of employees and assets between employers. In his first article, John discusses a case which seems t...
This article is listed under the following topics:
Contracts of Employment Collective and Trade Union Issues