All items: Transfer of undertakings

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  Abbott and others v RMD Syncro Ltd (in voluntary liquidation) and others [2009] ET/2409640/07 (1 report relating to this case)

  • Consultation on collective redundancies: employment tribunal decisions

    Date:

    4 March 2010

    This article summarises the main issues and outcomes in five tribunal cases where it was claimed that the employer failed to consult with trade union or employee representatives when it was proposing to make 20 or more employees redundant. Although the decisions are not binding on other tribunals, they provide useful illustrations of situations that have led to employers facing claims for failing to inform and consult on collective redundancies.

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  Abellio London Ltd (formerly Travel London Ltd) v Musse and others; CentreWest London Buses Ltd v Musse and others [2012] IRLR 360 EAT (2 reports relating to this case)

  • TUPE: Change in place of work constituted substantial change in working conditions to employees' material detriment

    Date:

    26 September 2012

    In Abellio London Ltd (formerly Travel London Ltd) v Musse and others; CentreWest London Buses Ltd v Musse and others [2012] IRLR 360 EAT, the EAT held that the employment tribunal had been entitled to uphold claims that employees who resigned because of a TUPE transfer that involved a significant change in their place of work had been subjected to a substantial change in working conditions giving rise to a material detriment. They had therefore been unfairly dismissed pursuant to reg.4(9) of the TUPE Regulations 2006.

  • TUPE transfers: move to new location across London entitled employees to resign

    Date:

    13 March 2012

    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. 

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  Abler and others v Sodexho MM Catering Gesellschaft mbH and Sanrest Großküchen Betriebsgesellschaft mbH [2004] IRLR 168 ECJ (2 reports relating to this case)

  • Case round up

    Date:

    1 February 2004

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Transfer of undertakings: Failure of new contractor to take over workers in asset-intensive entity cannot preclude transfer

    Date:

    9 January 2004

    In Abler and others v Sodexho, the ECJ holds that Article 1 of Directive 77/187 (the "Business Transfers Directive") must be interpreted as applying to the situation where a second supplier of catering services, replacing the first, takes over the provision of catering services to a captive market and uses the same premises and equipment used by the first provider, regardless of whether or not the second supplier agrees to take on the employees of the first.

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  Ackinclose and others v Gateshead Metropolitan Borough Council [2005] IRLR 79 EAT (1 report relating to this case)

  • Contracts of employment: Transferees' contracts did not incorporate fresh collective bargain

    Date:

    11 February 2005

    In Ackinclose and others v Gateshead Metropolitan Borough Council, the Employment Appeal Tribunal held that local authority employees contracted out to the private sector were not entitled to pay increases introduced under a new collective bargaining agreement, known as the Green Book.

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  Adams and others v Lancashire County Council and Bet Catering Services Ltd [1996] IRLR 154 HC (1 report relating to this case)

  • Transfer of undertakings: Pension rights excluded from transfers legislation

    Date:

    15 March 2001

    The EC Business Transfers Directive excludes all pension rights (past, present and future) from the terms and conditions transferred with employees on the transfer of an undertaking, holds the High Court in Adams and others v (1) Lancashire County Council and (2) BET Catering Services Ltd.

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  Addison and others v Denholm Ship Management (UK) Ltd and others [1997] IRLR 389 EAT (1 report relating to this case)

  • Transfer of undertakings: not covered by Transfer Regulations

    Date:

    1 November 1997

    The EC Business Transfers Directive and the Transfer of Undertakings Regulations do not extend territorially to cover the transfer of "flotels" servicing oil and gas installations situated in the UK sector of the North Sea continental shelf, holds the EAT in Addison and others v Denholm Ship Management (UK) Ltd and others.

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  ADI (UK) Ltd v Willer [2000] EAT (1 report relating to this case)

  • Transfer of undertakings: Application of Transfer Regulations to first- and second-generation contracting-out

    Date:

    1 July 2000

    In Whitewater Leisure Management Ltd v Barnes and others and ADI (UK) Ltd v Willer and others, the EAT holds that an employment tribunal should consider separately, and in turn, the questions of whether or not there was an economic entity constituting an undertaking or part of an undertaking, within the meaning of the Transfer of Undertakings Regulations, and whether or not there was a relevant transfer of that undertaking or part.

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  ADI (UK) Ltd v Willer and others [2001] IRLR 542 CA (1 report relating to this case)

  • Transfer of undertakings: Incoming contractor cannot avoid transfer Regulations by refusing to take on workforce

    Date:

    15 August 2001

    In ADI (UK) Ltd v Willer and others, a majority of the Court of Appeal holds that when there is a change of contractor providing a labour-intensive service and the incoming contractor does not take on the existing workforce, an employment tribunal is under a duty to consider the reason for that decision.

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  Advocate General’s opinion in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ (1 report relating to this case)

  The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ 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.

  • Advocate General suggests that TUPE law can allow transferor's pay agreement to survive transfer

    Date:

    25 February 2013

    The Advocate General has taken the view that the TUPE Regulations can be given a "dynamic" interpretation, suggesting that UK law can permit the survival after transfer of a pay increase negotiated under a collective agreement signed by the transferor before the transfer. 

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  Alamo Group (Europe) Ltd v Tucker and another [2003] IRLR 266 EAT (3 reports relating to this case)

  • Transfer of undertakings: Transferor's liability for failure to inform and consult passes to transferee

    Date:

    15 August 2003

    In Alamo Group (Europe) Ltd v (1) Tucker (2) Twose of Tiverton Ltd, the EAT holds that where a transferor fails to comply with its duty to inform and consult upon a relevant transfer, liability for that failure passes to the transferee under reg. 5 of the TUPE Regulations.

  • Case round-up

    Date:

    1 May 2003

    Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Case round-up: TUPE and disciplinary warnings

    Date:

    8 April 2003

    This week's care round-up by Eversheds, covering: TUPE and disciplinary warnings.