TUPE

Jeffrey Jupp's TUPE resource

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

July 1, 2013
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The McCririck case and a discussion of the meaning of ’employee’ within TUPE – 1 July 2013

Mr McCririck is currently suing IMG Media Ltd and Channel 4 for age discrimination. At a PHR an interesting issue arose about his employment status in the context of TUPE.   Although an ET decision and therefore of no value as a precedent the issues … Continue reading

June 24, 2013
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CEVA Freight (UK) Ltd v Seawell Ltd Ct of Sess – 21 June 2013

This cases raises the same issue that arose in Eddie Stobart Ltd v Moreman and in Argyll Coastal Services v Sterling, namely that there has to be some conscious organisation of a group or team in order to fulfil the requirement of Reg 3(3)(a)(i) that there be … Continue reading

June 17, 2013
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Albron Catering BV v FNV Bondgenoten CJEU Postscript – 17 June 2013

As will be recalled, in Albron Catering BV v FNV Bondgenoten [2011] ICR 373 the ECJ held that the Acquired Rights Directive applied to workers assigned to an undertaking that transferred even though they were not employed by that undertaking before the transfer.  The Dutch … Continue reading