TUPE: Transfer of Undertakings (Protection of Employment) Regulations
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 […]
This case at the EAT is a reminder that claims for money for failing to inform and consult are made in two stages. The first stage involves the Tribunal considering whether there has been a failure in relation to information and consultation. If there has, it can make an award of up to 13 weeks […]
The Agency Worker Regulations 2010 that came into effect on 1 October 2011 have changed employers’ information and consultation obligations under TUPE. As well as information about the fact, date, reason, legal, social and economic implications of the transfer and information about measures (if any) employers must now provide the following information: the number of agency workers working temporarily […]
The EAT case of Mrs Smith (amongst others) v Trustees of Brooklands College addresses the at times perplexing question of when can an employer vary contractual terms post TUPE transfer? It is trite law that contractual variations are void if they were for a reason connected with a TUPE transfer. The Claimants were employed at […]
The EAT case of Nottinghamshire Healthcare NHS Trust v Mr Hamshaw and others looks at the tricky question of just when is there a transfer of undertaking or service provision change? This case concerned the Tribunal finding that there was no transfer where residents of a care home operated by an NHS Trust were rehoused […]
To ensure readers are awake after reading the title of this blog post, a quick quiz: Q. What do the Railways Act 1993 and the Electricity Act 1989 have in common and what do these Acts have to do with TUPE? A. They both protect the pension rights of employees of former public sector employers […]
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 […]
The judgment has been handed down in the EAT in a TUPE case concerning the issue of consultation, Sheena Todd v (1) M J Strain & Others (2) Care Concern (3) Mr R Dillon. In this case, the seller of a care home business gave some limited information to employees about an impending transfer but […]
The question of when there is or isn’t a transfer for the purposes of the Transfer of Undertakings Regulations (Protection of Employment) Regulations 2006 has always been a perplexing one. This was the issue to be determined by the EAT in the case of Ward Hadaway Solicitors v Capstick solicitors (and others) reported today. Another […]
No real surprise at the decision of the Court of Appeal in Alemo-Herron and others v Parkwood Leisure Ltd. The case was brought by 23 Claimants who were employed by London Borough of Lewisham until 2002 when the department was outsourced to CCL. There was a further TUPE transfer in 2004 from CCL to Parkwood […]
Royal Mail are not just in the public eye because of strikes. Judgment in Royal Mail Group vCWU was handed down by the Court of Appeal this month. The case involved a number of Post Offices moving to WHSmith stores, triggering the application of the TUPE Regulations. The Court of Appeal held that a Transferor’s obligation […]
The Department for Business, Innovation & Skills (BIS as it is now known) has published another useful guide, this time explaining the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (commonly known as the TUPE Regulations). Not quite as easy a read as their recent guide to pregnancy and maternity rights but […]
Employers in the UK who win and lose contracts or buy business or part of businesses will be familiar with TUPE – the Transfer of Undertakings (Protection of Employment) Regulations 2006. These regulations apply where the business is situated in the UK immediately before the transfer. What happens if a business in the UK, buys […]
A tricky issue in TUPE cases has always been what amounts to an undertaking for the purposes of the Regulations. This issue was eased to some extent from 6 April 2006 by the new TUPE regulations which state that TUPE always applies to Service Provision Changeovers, but the issue of whether something is an undertaking […]
