TUPE

New and updated

• 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

• Case round-up

  Date:

  1 April 2015

  Type:

  Law reports

  James Buckley, Iain Naylor, Chris McAvoy and Lucy Sorell are associates and Mona Jackson is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.

• Can less generous TUPE terms and conditions for older workers be justified?

  Date:

  25 February 2015

  Type:

  Law reports

  The Employment Appeal Tribunal upheld an employment tribunal decision that a requirement for older employees to accept less generous terms and conditions of employment, as a condition of their employment continuing, could be justified.