In Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S (Daddy's Dance Hall)  IRLR 315 ECJ , the ECJ held that the provisions of the Acquired Rights Directive are mandatory and "therefore independent of the will of the parties" to the employment contract, although post-transfer variations may be agreed that are permitted by national law "in cases other than the transfer of an undertaking".
In The Manchester College v Hazel and another  IRLR 392 CA, the Court of Appeal held that the employees were not dismissed for a potentially fair ETO reason when their contracts were terminated post transfer and replaced with new contracts on significantly less favourable terms. The fact that the "harmonisation" process was part of a wider restructure that involved making other employees redundant at around the same time was irrelevant. What mattered was the immediate and operative reason for dismissing the particular employees in question, who were not themselves at risk of redundancy.
Practical guidance on pension provision for employees who transfer to a new employer under TUPE, including "Beckmann rights"; auto-enrolment; and Fair Deal and "best value" provisions for the public sector.
David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has agreed that a transferee did not have an economic, technical or organisational (ETO) defence over the dismissal of two claimants as a result of harmonisation following a post-TUPE transfer redundancy process.
A model letter to provide details to a transferee of employee liability information that has changed after the initial exchange of information was made.
In DLA Piper's latest case report, the Employment Appeal Tribunal examined the TUPE provisions that mean that employees do not automatically transfer where the transferor is "under the supervision of an insolvency practitioner".
HR and legal information and guidance relating to TUPE.