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