Employment law cases

All items: TUPE

  • TUPE: No transfer when employee became employed by group including original employer

    Date:
    30 March 2016

    Hyde Housing Association Ltd and others v Layton [2016] IRLR 107 EAT, the EAT held that there was no TUPE transfer when an employee became employed by a group of entities that included his original employer, because the legal relationship between the employee and the original employer had not changed.

  • TUPE service provision change: lay off does not prevent organised group of employees

    Date:
    28 January 2016

    Laying off employees before a service provision change does not necessarily prevent them from transferring to the new employer under TUPE. Lindsay Macdonald reports on a recent case at the Employment Appeal Tribunal (EAT).

  • Case round-up

    Date:
    27 January 2016

    Amanda Steadman is a professional support lawyer, Iain Naylor, Lucy Sorell and Rachael Wake are associates, and Jessica-Alice Curtis is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.

  • TUPE: no relevant transfer where original employer is one of several transferees

    Date:
    24 November 2015

    The Employment Appeal Tribunal (EAT) has held that there is no relevant TUPE transfer where a restructure results in an employee moving from an employment contract with one employer to an employment contract with several employers, including the original employer.

  • Case round-up

    Date:
    1 November 2015

    Jessica Alice-Curtis is a trainee solicitor, Lucy Melville is a paralegal and Nigel Cousin, David Rintoul and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Case round-up

    Date:
    1 October 2015

    David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

  • TUPE transfers: employee on indefinite sick leave not transferred

    Date:
    10 September 2015

    An Employment Appeal Tribunal has held that an employee, not working in his employer's business because of health problems, but retained as an employee to receive permanent health insurance (PHI) payments, was not "assigned" to the organised grouping of employees for the purposes of a TUPE transfer.

  • TUPE: A third party cannot dictate whether or not an employee is "assigned"

    Date:
    2 September 2015

    A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is "assigned" to an employer before a TUPE transfer. In his latest TUPE update, Dr John McMullen explains the ruling's implications for employers.

  • Case round-up

    Date:
    1 May 2015

    David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.

  • Case round-up

    Date:
    1 April 2015

    James Buckley, Iain Naylor, Chris McAvoy and Lucy Sorell are associates and Mona Jackson is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.

About this category

Employment law cases: HR and legal information and guidance relating to TUPE.