All items: Effect of a transfer on non-contractual rights/obligations

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  Balcombe v Dye and another t/a The Lane End Public House ET/2400765/2013 (1 report relating to this case)

  • TUPE transfers: "no reason in law" why transferee cannot discipline employee for pre-transfer misconduct

    Date:

    16 October 2013

    This employment tribunal decision shows that there is nothing to stop a transferee from disciplining a transferred employee who is alleged to have committed misconduct before the transfer.

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  Bangura v Southern Cross Healthcare Group plc and another EAT/0432/12 (1 report relating to this case)

  • Case round-up

    Date:

    1 July 2013

    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.

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  Bernadone v Pall Mall Services Group and others and Martin v Lancashire County Council [2000] IRLR 487 CA (1 report relating to this case)

  • Transfer of undertakings: Tortious liability and insured's right to indemnity both transfer

    Date:

    1 July 2000

    Where there has been a transfer of an undertaking to which the Transfer of Undertakings Regulations apply, a liability of the transferor in tort to an employee that has accrued before the transfer is transferred by those Regulations to the transferee, holds the Court of Appeal in Martin v Lancashire County Council and Bernadone v Pall Mall Services Group and others.

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  Donovan v JD Services HVAC Ltd and others ET/1102114/2012 (1 report relating to this case)

  • TUPE transfers: different ways of working and new client types not substantial changes to working conditions

    Date:

    2 April 2013

    This employment tribunal held that a heating engineer whose new employer had different types of client and required him to do more of his own administration work did not suffer substantial changes to his working conditions to his material detriment after a TUPE transfer.

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  Dowling v Ilic Haulage and another [2004] All ER (D) 87 (Apr) EAT (1 report relating to this case)

  • Dowling v Ilic Haulage and another

    Date:

    10 December 2004

    In Dowling v Ilic Haulage and another [2004] All ER (D) 87 (Apr) EAT, the Employment Appeal Tribunal held that the obligations under a continuation order made under the Trade Union and Labour Relations (Consolidation) Act 1992, section 164 do not transfer to the transferee of an undertaking by operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981.

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  Mears Homecare Ltd v Bradburn and others [2019] IRLR 882 EAT (1 report relating to this case)

  • 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.

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  Williams v Talkington Bates Midland Ltd ET/3300556/2012 (1 report relating to this case)

  • TUPE transfers: catering manager's protests over stricter approach to working hours

    Date:

    2 April 2013

    The employer in this tribunal case had to deal with the common scenario of a transferred employee taking exception to being required to stick more strictly to contractual working hours.

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  Wilson and others v West Cumbria Health Care NHS Trust [1995] PIQR P38 County Court (1 report relating to this case)

  • Transfer of undertakings: Liability for negligence claims transferred to NHS trust

    Date:

    1 October 1994

    An NHS trust was the proper defendant in damages claims brought by its employees, even though the accidents giving rise to the claims occurred before the trust was established, and when the employees were still employed by the transferor health authority, holds a county court in Wilson and others v West Cumbria Health Care NHS Trust.