TUPE

New and updated

• Type:

  FAQs

  Is continuity of employment maintained if there is a change of employer?

• Type:

  FAQs

  What happens to trade union recognition when a business is transferred under TUPE?

• Type:

  FAQs

  Can an employee refuse to transfer under the TUPE Regulations 2006?

• Date:

  1 February 2001

  Type:

  Employment law cases

  Transfer of undertakings: Absence of transfer of employees cannot be determinative

  The question of whether the whole or a majority of a transferee contractor's workforce is taken on by the putative transferor cannot be determinative of whether or not there has been a relevant transfer of an undertaking under the EC Business Transfer Directive and the domestic Transfer of Undertakings Regulations, holds the EAT in Cheeseman and others v R Brewer Contracts Ltd and Onyx (UK) Ltd v Cheeseman and others.

• Date:

  1 January 2000

  Type:

  Employment law cases

  Transfer of undertakings: Dismissal by reason of transfer precludes finding of "ETO" reason

  The principal reason for the dismissal of a transferor's employees, purportedly on the grounds of redundancy, was the impending transfer of the undertaking, holds the EAT in Kerry Foods Ltd v Creber and others.

• Date:

  11 February 1999

  Type:

  Employment law cases

  Francisco Hernandez Vidal SA v Gomez Perez and others

  In Francisco HernandezVidal SA v Gomez Perez and others [1999] IRLR 132 ECJ, the European Court of Justice held that, for the purposes of EC Business Transfers Directive 77/187, an organised grouping of wage earners who are specifically and permanently assigned to a common task may, in the absence of other factors of production, amount to an economic entity.

• Date:

  15 January 1999

  Type:

  Employment law cases

  Transfer of undertakings: Regulations do not apply to share transfers

  There was no transfer to which the Transfer of Undertakings Regulations applied when an industrial and provident society took over the management of local authority care homes by, in effect, acquiring the shares of the company that ran the homes and employed the staff who worked in them, holds the EAT in Brookes and others v Borough Care Services and CLS Care Services Ltd.

• Date:

  15 November 1998

  Type:

  Employment law cases

  Transfer of undertakings: Dismissal by reason of transfer is effective

  Employees who are dismissed by the transferor of an undertaking, and then re-engaged by the transferee on different but agreed terms, are not entitled to retain the benefit of their previous terms of employment, holds the House of Lords in Wilson and others v St Helens Borough Council and Baxendale and Meade v British Fuels Ltd.

• Date:

  15 August 1997

  Type:

  Employment law cases

  Transfer of undertakings: ETO reason required for variation of contract on transfer

  In (1) Wilson and others v St Helens Borough Council (2) Meade and another v British Fuels Ltd, the Court of Appeal considers the position under the Transfer of Undertakings Regulations where employees' contracts of employment are terminated on a relevant transfer and they accept employment with the transferee on less favourable terms and conditions.

• Date:

  1 April 1997

  Type:

  Employment law cases

  Transfer of undertakings: Change in contractor not a business transfer

  The EC Business Transfers Directive does not apply to a change in the contractor providing contracted-out services, unless there is a concomitant transfer of significant tangible or intangible assets from the existing contractor to the new contractor, or the new contractor takes over a major part of the workforce (in terms of the numbers and skills of employees) assigned to the performance of the contract by its predecessor, rules the European Court of Justice in Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice and another.