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TUPE

New and updated

  • Date:
    28 January 2016
    Type:
    Law reports

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

    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).

  • Date:
    27 January 2016
    Type:
    Law reports

    Case round-up

    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.

  • Date:
    24 November 2015
    Type:
    Law reports

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

    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.

  • Date:
    1 November 2015
    Type:
    Law reports

    Case round-up

    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.

  • Date:
    1 October 2015
    Type:
    Law reports

    Case round-up

    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.

  • Date:
    10 September 2015
    Type:
    Law reports

    TUPE transfers: employee on indefinite sick leave not transferred

    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.

  • Date:
    2 September 2015
    Type:
    Law reports

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

    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.

  • Date:
    1 May 2015
    Type:
    Law reports

    Case round-up

    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.

  • Date:
    1 May 2015
    Type:
    Law reports

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

    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.

  • Type:
    How to

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

    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.