TUPE transfers

New and updated

  • Transferor should have consulted workforce on administrative changes to pay arrangements

    Date:
    9 September 2010
    Type:
    Law reports

    The Employment Appeal Tribunal has held that a transferor should have consulted staff on administrative changes to pay arrangements on a TUPE transfer. 

  • TUPE: EAT defines "affected employees" to be consulted on a TUPE transfer

    Date:
    10 March 2010
    Type:
    Law reports

    In Unison v Somerset County Council and others EAT/0043/09, the EAT held that the employees "affected by" a TUPE transfer for the purposes of consultation with employee representatives were those who would or might be transferred, those whose job is jeopardised by the proposed transfer, and those with internal job applications pending. The definition did not extend to those who might in the future apply for a vacancy in the part of the undertaking transferred.

  • Case round-up

    Date:
    1 February 2010
    Type:
    Law reports

    Susannah Jarvis (associate) and Kate Williams (professional support lawyer) at Addleshaw Goddard analyse important rulings.

  • TUPE: Incorrect information reflecting mistaken belief about legal position did not breach Regulations

    Date:
    13 January 2010
    Type:
    Law reports

    In Royal Mail Group Ltd v Communication Workers Union [2009] EWCA Civ 1045 CA, the Court of Appeal held that an employer must inform representatives of employees who may be affected by a TUPE transfer of its considered and genuine view as to the legal implications of the proposed transfer. However, reg.13(2)(b) of the TUPE Regulations 2006 does not impose strict liability on the employer as to the accuracy of that information. Therefore the employer will not be in breach if the information that it gives reflects a genuine but mistaken belief as to the legal implications.

  • Unison v Somerset County Council and others

    Date:
    29 December 2009
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has considered who qualifies as "affected employees" who must be informed and consulted on a TUPE transfer through their employee representatives.

  • Dansie v Commissioner of Police for the Metropolis

    Date:
    16 December 2009
    Type:
    Law reports

    The Employment Appeal Tribunal has upheld an employment tribunal decision to dismiss a sex discrimination claim by a male trainee police officer who was required to get his hair cut.

  • Royal Mail Group Ltd v Communication Workers

    Date:
    20 October 2009
    Type:
    Law reports

    The Court of Appeal has held that an employer that does not inform and consult with employees who are transferring under TUPE because of a mistaken belief in the legal position will not automatically be in breach of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).

  • TUPE: Duty to consult ends with transfer

    Date:
    25 March 2009
    Type:
    Law reports

    In Amicus and another v City Building (Glasgow) LLP and others [2009] IRLR 253 EAT, the EAT held that, after a transfer, the transferee employer is not obliged to consult with representatives of the transferred employees in respect of the measures that it proposes to take.

  • Amicus and another v City Building (Glasgow) LLP and others

    Date:
    28 January 2009
    Type:
    Law reports

    The Employment Appeal Tribunal has upheld an employment tribunal decision that there is no obligation under TUPE for transferees to consult with representatives after a transfer.

  • TUPE case law update

    Date:
    2 February 2007
    Type:
    Law reports

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.