TUPE

New and updated

• Date:

  29 January 2008

  Type:

  Employment law cases

  Transfer of undertakings: Employee could enforce beneficial variation connected with TUPE transfer

  In Regent Security Services Ltd v Power [2007] EWCA Civ 1188 CA, the Court of Appeal held that an employee transferred under the 1981 TUPE Regulations could choose to enforce new, more beneficial terms agreed with the transferee, even where the variation was connected with the transfer.

• Date:

  11 January 2008

  Type:

  Employment law cases

  Transfer of undertakings: TUPE confers no additional rights on employees

  In Jackson v Computershare Investor Services plc [2007] EWCA Civ 1065, the Court of Appeal ruled that the provision in the TUPE Regulations to the effect that a transferred contract of employment will have effect after the transfer as if originally made between the employee and the transferee could not be construed so as to give the employee a contractual benefit to which she had not been entitled under her original contract.

• Date:

  23 November 2007

  Type:

  Employment law cases

  New ISG Ltd v Vernon and others

  The High Court has held that an employee's resignation two days after he had been informed that he was being transferred was a valid objection to the transfer.

• Date:

  11 July 2007

  Type:

  Employment law cases

  TUPE: Share transfers

  In Millam v The Print Factory (London) 1991 Ltd [2007] IRLR 526 CA, the Court of Appeal held that where the operation - as opposed to the ownership of a business - transferred to a new owner, TUPE applied notwithstanding that the business was acquired on a sale of shares.

• Date:

  27 March 2007

  Type:

  Employment law cases

  Case of the week: TUPE transfers

  This week's case of the week, provided by Covington & Burling, covers TUPE transfers.

• Date:

  2 February 2007

  Type:

  Employment law cases

  TUPE case law update

  This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

• Date:

  29 December 2006

  Type:

  Employment law cases

  Transfer of undertakings: 'ETO' defence does not apply to harmonisation involving no workforce changes

  In London Metropolitan University v Sackur and others EAT/0286/06, the Employment Appeal Tribunal has confirmed that standardisation of employees' terms is not of itself sufficient to give rise to an ETO defence.

• Date:

  1 December 2006

  Type:

  Employment law cases

  Transfer of undertakings: Court of Session confirms correct approach to identifying a 'TUPE transfer'

  In Mackie v Aberdeen City Council [2006] CSIH 36, the Court of Session holds that there was no TUPE transfer when a private-sector employee working on a project for a local authority was subsequently offered a job in-house, despite a letter from the local authority indicating that a transfer had taken place.

• Date:

  17 November 2006

  Type:

  Employment law cases

  Transfer of undertakings: Change of control on share sale does not amount to TUPE transfer

  In The Print Factory (London) 1991 Ltd v Millam EAT/0253/06, the Employment Appeal Tribunal holds that a TUPE transfer could not be inferred from the fact that, after an acquisition of shares, the holding company exercised management control of the subsidiary.

• Date:

  8 September 2006

  Type:

  Employment law cases

  Transfer of undertaking: TUPE and the 'vanishing dismissal'

  In G4S Justice Services (UK) Ltd v Anstey and others [2006] IRLR 588 EAT, the Employment Appeal Tribunal holds that employees dismissed for gross misconduct prior to a TUPE transfer, but whose appeals were subsequently upheld, were employed "immediately before" the transfer, with the result that their employment transferred.