Practical guidance on the law on harmonising contractual terms and conditions following a TUPE transfer, including variation of terms derived from a collective agreement; economic, technical and organisational reasons for variation; and varying terms with employees' consent.
The European Court of Justice has held that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.
Practical guidance on dealing with the situation where the transferee disputes that TUPE applies to the transfer in question, in particular in relation to service provision changes.
David Malamatenios is a partner, and Colin Makin, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.
Amanda Steadman is a professional support lawyer, and Joe Beeston, Laura Garner, Helen Samuel and Dinu Suntook are associates at Addleshaw Goddard LLP. They round up the latest rulings.
A model letter to notify successfully nominated individuals that they will stand as candidates for election as employee representatives for informing and consulting on a TUPE transfer.
The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer.
The Employment Appeal Tribunal has considered the definition of "affected employees" in the context of a TUPE transfer and the obligation to inform and consult.
HR and legal information and guidance relating to TUPE.