TUPE

New and updated

• TUPE transfers: employee on indefinite sick leave not transferred

  Date:

  10 September 2015

  Type:

  Law reports

  An Employment Appeal Tribunal has held that an employee, not working in his employer's business because of health problems, but retained as an employee to receive permanent health insurance (PHI) payments, was not "assigned" to the organised grouping of employees for the purposes of a TUPE transfer.

• TUPE: A third party cannot dictate whether or not an employee is "assigned"

  Date:

  2 September 2015

  Type:

  Law reports

  A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is "assigned" to an employer before a TUPE transfer. In his latest TUPE update, Dr John McMullen explains the ruling's implications for employers.

• Case round-up

  Date:

  1 May 2015

  Type:

  Law reports

  David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.

• Dismissal: No separate decision to reinstate required where appeal against dismissal upheld

  Date:

  1 May 2015

  Type:

  Law reports

  In Salmon v Castlebeck Care (Teesdale) Ltd (in administration) and another [2015] IRLR 189 EAT, the EAT held that an employee who was dismissed for gross misconduct, but whose contractual appeal against dismissal was successful, did not need to be formally reinstated by her employer for her contract of employment to be resurrected so as to continue as if it had not been terminated.

• How to comply with the law on dismissal of employees in relation to TUPE transfers

  Type:

  How to

  Practical guidance on dismissals in the context of a TUPE transfer, including who has liability for dismissals; economic, technical and organisational reasons for dismissal; and information and consultation.

• Can an employer change the terms and conditions of transferred employees if a certain amount of time has passed since the TUPE transfer?

  Type:

  FAQs

• Does TUPE apply where an outsourcing contract comes to an end and a new contractor is engaged?

  Type:

  FAQs

• Do the same duties apply under TUPE in a second-generation outsourcing situation?

  Type:

  FAQs

• What happens to the balance of an employee's accrued annual leave when he or she transfers in a TUPE situation?

  Type:

  FAQs

• If a TUPE transfer results in redundancies, which employer is responsible for the redundancy process and payments?

  Type:

  FAQs