TUPE: Transfer of Undertakings (Protection of Employment) Regulations
– or Service Provision Change for TUPE afficianados is a type of Transfer that’s been defined by the 2006 TUPE Transfer Regs. The case reported here looks at whether there is a SPC (and TUPE is engaged) where what is said to be transferring has fragmented to such an extent that it has in effect […]
If an employee is told that they are going to transfer to a new employer, they have a number of options. 1. They can resign 2. They can accept the transfer and become an employee of the new employer 3. They can object to the transfer 1 and 3 are not the same. An objection […]
In the current climate, more and more Companies are going under owing employees money. In this case at the EAT, employees claimed against their employer who was in administration and the Tribunal refused to accept the claim. The EAT held that this was wrong – the Tribunal should have accepted the complaint, but stayed it […]
The EAT have handed down judgment in UCATT v AMICUS, TGWU, Glasgow City Council and City Buildings (Glasgow) LLP. The case was argued before the EAT by no fewer than four QCs and the judgment runs to 29 pages of light reading. The EAT held that Transferee employers (i.e. employers winning a contract or buying […]
To our readers. Well 2008 has certainly started with fireworks down at the EAT. One query that often arises is whether TUPE applies cross border : ie closing down your UK call centre and opening up one in Bombay. The EAT has held that TUPE can potentially apply to cross border transfers. Read it here
An executive was dismissed four months before the transfer of undertaking took place. The male brought a claim for unfair dismissal and race discrimination and the Tribunal held that the dismissal was in anticipation of the transfer! It held the transferee liable both for automatic unfair dismissal and for the transferor’s pre-transfer discrimination. The first […]
Readers of this blog will be aware that the Transfer of Undertakings (Protection of Employment) Regulations 1981 were replaced for transfers on or after 6 April 2006 by the Transfer of Undertakings (Protection of Employment) Regulations 2006. Cases on the new Regulations are now starting to filter through the Tribunal system and this week saw […]
Back in January 2007, this Blog posted about a TUPE case that held only post Transfer changes that are detrimental to the employee are void – changes that are beneficial to the employee are allowed. The DTI has now issued a guide for Employers, Employees and Representatives which reflects this new case. As one might expect […]
