We look at workplace scenarios that can strike fear into the heart of the most experienced HR professionals, including issues relating to: discipline and grievances; redundancy; and new legislation.
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.
A Northern Ireland tribunal has awarded protective awards of 90 days' pay to former City Link employees over the company's failure to consult on their redundancies.
In DLA Piper's latest case report, the Employment Appeal Tribunal examined the TUPE provisions that mean that employees do not automatically transfer where the transferor is "under the supervision of an insolvency practitioner".
The Court of Appeal has held that the transfer from a company in administration does not lead to an exemption from automatic employee transfer under reg.8(7) of TUPE.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.