TUPE: Transfer of Undertakings (Protection of Employment) Regulations

Case of the Week – Ponticelli UK Ltd v Gallagher

Hello and welcome back to your weekly case law update. Last week’s newsletter had features on tax, holiday pay and the future of employment law under the Truss premiership. This week we are looking at TUPE transfers. Ponticelli UK Ltd v Gallagher Under Regulation 4(2)(a) of the TUPE Regulations 2006 when a transfer of employment [...]

By |2022-10-27T10:14:56+00:00October 14th, 2022|Case of the Week - Blog, TUPE|0 Comments

Cases to look out for in 2020

We have already covered a few big cases of the year, including the BBC equal pay case from two weeks ago. However here are a few cases to look out for in 2020: Aslam v Uber: The Supreme Court will finally give definitive and, more importantly, unappealable judgment on the employment status case of Uber drivers. Currently [...]

Keeping Kids Company

Keeping Kids Company (In compulsory liquidation) v Smith & Ors Good morning and welcome back to your weekly case law update. Those of you who missed it, last week we had our employment law update for February with features on the gig economy, forthcoming legislation and sex discrimination. This week, it has been snowing a […]

By |2019-12-24T16:31:32+00:00March 2nd, 2018|Redundancy, TUPE|0 Comments

De Souza v Vinci Construction (UK) Ltd | Does the uplift of Tribunal Awards apply to awards for injury to feeling?

Our second case this week is from the Court of Appeal and concerns discrimination. In any discrimination case the Tribunal can award damages to the Claimant for injury to feeling. Unlike compensatory awards, awards for injury to feeling are not capped and thus discrimination claims offer the greatest financial risk to employers. The question in […]

By |2017-07-25T09:17:04+00:00July 25th, 2017|TUPE|0 Comments

Sports Direct – The scandal continues

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 […]

By |2019-12-24T20:21:56+00:00August 25th, 2016|TUPE|0 Comments

Khan v HGS Global Ltd & Dreams Ltd – Can a voluntary dismissal be unfair?

Another week, another case. After a long week of stormy weather and associated British small talk we thought it would be best to cut to the chase, not bother with a tenuous link and get stuck into a case about redundancy and TUPE. For those of you who already had your fill of TUPE last […]

By |2019-12-25T11:53:16+00:00February 12th, 2016|Redundancy, Settlement Agreements, TUPE|0 Comments

Mustafa v Trek Highways Services Ltd & Amey & Ringway Jacobs – Can employees still transfer under TUPE when there is a cessation of work prior to the transfer date?

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 […]

By |2016-02-05T08:53:34+00:00February 5th, 2016|TUPE|0 Comments

Edwards v BT Managed Services Ltd and Ericsson Ltd – Should a permanently incapacitated employee TUPE transfer to new employer?

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 […]

By |2019-12-28T13:43:35+00:00September 11th, 2015|Contract of Employment, TUPE|0 Comments

Gunn V NHS Direct

  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 […]

By |2019-12-25T12:26:21+00:00May 22nd, 2015|Disability Discrimination, TUPE|0 Comments

Chawla v HP

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 […]

By |2019-12-25T16:03:59+00:00March 6th, 2015|Disability Discrimination, TUPE|0 Comments

Vernon v Port Vale Football Club, Azure & Bedding

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 […]

TUPE January 2014 Changes

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 […]

By |2019-12-25T13:44:12+00:00January 13th, 2014|Employer Advice, PJH & Industry News, TUPE|0 Comments

Transfer of Undertakings – dismissals following transfer

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 […]

By |2013-08-20T08:22:34+00:00August 20th, 2013|TUPE|0 Comments