TUPE

New and updated

• Case round-up

  Date:

  1 April 2016

  Type:

  Law reports

  Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

• TUPE: Employee on indefinite sick leave not "assigned" to organised grouping of employees

  Date:

  30 March 2016

  Type:

  Law reports

  In BT Managed Services Ltd v Edwards and another [2015] IRLR 994 EAT, the EAT held that an employee on permanent sick leave who had remained on the employer's books was not "assigned" to the organised grouping that transferred under TUPE on a service provision change.

• TUPE: No transfer when employee became employed by group including original employer

  Date:

  30 March 2016

  Type:

  Law reports

  Hyde Housing Association Ltd and others v Layton [2016] IRLR 107 EAT, the EAT held that there was no TUPE transfer when an employee became employed by a group of entities that included his original employer, because the legal relationship between the employee and the original employer had not changed.

• TUPE service provision change: lay off does not prevent organised group of employees

  Date:

  28 January 2016

  Type:

  Law reports

  Laying off employees before a service provision change does not necessarily prevent them from transferring to the new employer under TUPE. Lindsay Macdonald reports on a recent case at the Employment Appeal Tribunal (EAT).

• Case round-up

  Date:

  27 January 2016

  Type:

  Law reports

  Amanda Steadman is a professional support lawyer, Iain Naylor, Lucy Sorell and Rachael Wake are associates, and Jessica-Alice Curtis is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.

• TUPE: no relevant transfer where original employer is one of several transferees

  Date:

  24 November 2015

  Type:

  Law reports

  The Employment Appeal Tribunal (EAT) has held that there is no relevant TUPE transfer where a restructure results in an employee moving from an employment contract with one employer to an employment contract with several employers, including the original employer.

• Case round-up

  Date:

  1 November 2015

  Type:

  Law reports

  Jessica Alice-Curtis is a trainee solicitor, Lucy Melville is a paralegal and Nigel Cousin, David Rintoul and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

• Case round-up

  Date:

  1 October 2015

  Type:

  Law reports

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

• 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.