TUPE, or not TUPE, that is the question. TUPE, or the Transfer of Undertakings (Protection of Employment) Regulations 2006, to give it its full name, is the protection of an employee’s rights when there is a business transfer or a change in service provider or an insourcing or outsourcing of an activity. This case will [...]
The Sports Direct scandal keeps rumbling on. The latest papers to be filed with the High Court have revealed that women returning from maternity leave were moved onto zero hours contracts and were therefore ineligible for the company’s bonus scheme, a PCP that clearly puts women at a disadvantage. Furthermore, employees transferring from companies purchased by Sports [...]
TUPE, or not TUPE: that is the question. This case examines whether subcontractors whose work is halted by their employers can TUPE over to a new company whilst not working? Mr Mustafa, the Claimant, worked in traffic management for Amey, the 2nd Respondent. The 2nd Respondent was then awarded a large highway maintenance contract in [...]
Hello, today’s case concerns everyone’s (least) favourite employment law issue, TUPE. Before you all collectively groan I would like to draw you attention to the accompanying image which makes any TUPE article more amusing. Today’s question: Should an employee who is permanently incapacitated but still employed TUPE over to a new employer? Mr Edwards, the [...]
Hello again, Case of the Week is back after an unforeseen absence. Last week there were no new judgments. Back in business this week with a new case concerning TUPE and disability discrimination. Today’s question is: Is an employee whose employment is due to transfer automatically under TUPE entitled to resign before the transfer [...]
Exclusively Employment Law Solicitors Chawla v Hewlett Packard This weeks’ case could be compared to a can of worms. This weeks' case is about disability discrimination, there are several claims and questions but we have tried to keep the summary as succinct as possible. The two questions this week are; Do reasonable adjustments have to [...]
The two questions this week are; 1. When an employee TUPE transfers to a new company is the new employer liable for any ongoing harassment issues/claims? 2. Is it fair to treat employees engaging in an office affair differently because of their gender? The Claimant, Ms Vernon, was employed by Port Vale FC as a sales manager [...]
The TUPE January 2014 changes have been talked about for a while now. Although the regulations to amend the TUPE Regulations 2006 have yet to receive royal assent, the draft regulations have been published here. It is anticipated that the 2014 changes to TUPE Regulations 2006 will take place later this month (January 2014). The [...]
The decision of the EAT in First Scottish Searching Services Ltd v Mr T McDine and Mr JP Middleton may bring some comfort to employers looking to make redundancies following a TUPE transfer. The Tribunal found that dismissals following the transfer were unfair in the absence of ‘some system of moderating’ two sets of scores [...]
In Cunningham and Wilson v Clydebank Engineering & Fabrication Limited, the EAT overturned a decision of an Employment Tribunal that a Transferee in a TUPE transfer situation could not be liable for a dismissal that occurred before the transfer whilst the employees were employed by the Transferor. Under TUPE, all liabilities of the transferor relating [...]
