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TUPE

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  • Date:
    15 June 2011
    Type:
    Employment law cases

    Transferee liable for unfair dismissal award following "pre-pack" TUPE transfer

    The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern. 

  • Date:
    1 June 2011
    Type:
    Employment law cases

    Case round-up

    Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    13 April 2011
    Type:
    Employment law cases

    TUPE: Requirement for transferor to have identified actual prospective transferee

    The Employment Appeal Tribunal has held that, for a dismissal to be automatically unfair under TUPE, it is not necessary for the transferor to have identified an actual prospective transferee at the time of the dismissal. 

  • Date:
    17 March 2011
    Type:
    Employment law cases

    No unfair dismissal for failure to moderate redundancy scores after TUPE transfer

    The Employment Appeal Tribunal has held that the employment tribunal was wrong to find that the absence of a system of moderating two sets of redundancy scores following a TUPE transfer rendered the selection process unfair. 

  • Date:
    22 February 2011
    Type:
    Employment law cases

    TUPE applies as normal to transfers from administration

    The Employment Appeal Tribunal has held that the exemption from automatic employee transfer under reg.8(7) of TUPE cannot apply to a transfer from an administration. 

  • Date:
    31 January 2011
    Type:
    Employment law cases

    TUPE: Transferor failed to consult or provide information to employee representatives

    In Todd v Strain and others [2011] IRLR 11 EAT, the EAT held that the duty to give employee representatives information about a forthcoming transfer applies even where there are no measures being proposed that give rise to a duty to consult the representatives. Informing individual employees rather than representatives did not amount to compliance with the information requirements, but should have led the tribunal to award less than the maximum compensation of 13 weeks' pay.

  • Date:
    19 January 2011
    Type:
    Employment law cases

    TUPE: TUPE transfer arose despite temporary cessation of business

    In Wood v Caledon Social Club Ltd and another EAT/0528/09, the EAT held that a TUPE transfer arose even though the business had temporarily ceased operating at the time of the transfer.

  • Date:
    1 December 2010
    Type:
    Employment law cases

    Case round-up

    Ceri Hughes, David Parry, and Carly Mather, associates at Addleshaw Goddard, detail the latest rulings.

  • Date:
    1 September 2010
    Type:
    Employment law cases

    Case of the week: Constructive dismissal following a TUPE transfer

    This week's case of the week, provided by Thomas Eggar LLP, covers constructive dismissal following a TUPE transfer.

  • Date:
    15 July 2010
    Type:
    Employment law cases

    Employee unfairly dismissed after TUPE transfer

    This case is a good example of a key issue in TUPE claims: whether or not an employee was assigned to the transferred undertaking.