Employment law cases

All items: TUPE

  • TUPE: Improvements to contractual benefits before transfer were void

    Date:
    27 May 2020

    In Ferguson and others v Astrea Asset Management Ltd, the Employment Appeal Tribunal held that the transferor's substantial improvements to the employment contracts of senior employees shortly before the transfer were void under TUPE legislation and the EU abuse of law principle.

  • Cycle couriers protected by TUPE, rules employment tribunal

    Date:
    4 December 2019

    In Dewhurst and others v Revisecatch Ltd t/a Ecourier and another, an employment tribunal controversially held that TUPE protection extends beyond employees to cover workers.

  • TUPE: Obligation to keep national minimum wage records moves to transferee

    Date:
    1 August 2019

    In Mears Homecare Ltd v Bradburn and others, the Employment Appeal Tribunal held that the duty to maintain national minimum wage records moves to the transferee on a TUPE transfer.

  • TUPE: Dismissal prior to transfer for reasons "personal" to employee was unfair

    Date:
    5 March 2019

    In Hare Wines Ltd v Kaur and another, the Court of Appeal upheld the tribunal's decision that the employee's dismissal was automatically unfair by reason of a TUPE transfer because the employer had not taken action to resolve her poor working relationships prior to the transfer, but did so by dismissing her at the time of the transfer.

  • Insolvency: TUPE rights may be retained following "pre-pack" administration

    Date:
    30 June 2017

    The European Court of Justice has held that "pre-pack" administration, which is designed to facilitate the sale of a business as a going concern in the event of insolvency, may not prevent employees from having TUPE rights.

  • Case round-up

    Date:
    1 June 2017

    Chris Cook is partner and Keely Rushmore senior associate at SA Law. They round up the latest rulings.

  • Common sense needed in TUPE service provision changes

    Date:
    21 February 2017

    A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not the activities carried out afterwards are "fundamentally the same" as before. Dr John McMullen advises on the ruling.

  • Case round-up

    Date:
    1 November 2016

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • Case round-up

    Date:
    1 September 2016

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • Case round-up

    Date:
    1 April 2016

    Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates 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.