Key differences in the law relating to TUPE (transfers of undertakings and service provision changes) in Scotland and Northern Ireland.
The Employment Appeal Tribunal has held that the "refusal" or "proposed refusal" of a worker to accept his or her employer's contravention (or proposed contravention) of the Working Time Regulations 1998 (SI 1998/1833) must be communicated in advance to the employer.
The Employment Appeal Tribunal has held that employees who resigned after being faced with a change of place of work to a different part of London because of a TUPE transfer were constructively dismissed.
The cases below examine various issues arising under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), including service provision changes; collective consultation; an employee's objection to the transfer and a substantial; and detrimental change to working conditions.
The Employment Appeal Tribunal has held that the dismissal of employees transferred to a company that engaged individuals only under a franchise agreement could amount to an economic, technical or organisational reason (ETO) for dismissal entailing changes to the workforce.
In this case, the employer plotted to dismiss an employee on "trumped up" charges, but he was vindicated by an employment tribunal that saw through the employer's sham disciplinary process.
HR and legal information and guidance relating to automatically unfair dismissals.