TUPE

Jeffrey Jupp's TUPE resource

September 13, 2015
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Ferreira da Silva v Estado Português ECJ – 9 September 2015

In this case three questions were referred to the ECJ by the Lisbon High Court.   The second and third questions concerned the circumstances in which a national court is required to make a reference to the ECJ, the first however … Continue reading

January 23, 2015
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Salmon v (1) Castlebeck Care (Teesdale) Ltd EAT – 21 January 2015

This case is concerned with what happens when an employee is dismissed before the transfer but a successful appeal is heard after the transfer, with the complicating features being that the transferee heard the appeal and did not inform the … Continue reading

March 18, 2014
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Robert Sage Ltd t/a Prestige Nursing Care v O’Connell EAT – 13 March 2014

This case raises two issues: (i)  The approach to the issue of intention in Reg 3(3)(a)(ii):  “the client intends that the activities will, following the service provision change, be carried out by the transferee other than in connection with a single specific event … Continue reading

September 5, 2013
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Government’s Response to TUPE Consultation – 5 September 2013

The Government’s proposals have been published and they not nearly as radical as had been anticipated by some, and feared by others. The big news is that Service Provision changes will remain albeit in a modified form to reflect the development of case law. … Continue reading