March 5, 2015
by Jeffrey
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This case provides a useful reminder of where the burden of proof lies and how it operates in cases of TUPE related automatic unfair dismissal. The Facts The Claimant worked for Game Stores Plc as Group Finance Director. On 26 … Continue reading
January 23, 2015
by Jeffrey
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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
December 22, 2014
by Jeffrey
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In service provision change cases once an organised grouping of employees is established, the next issue is to determine whether the claimant employee is assigned to that organised grouping (a pre requisite to liabilities transferring under Reg 4). This case … Continue reading
November 17, 2014
by Jeffrey
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The Issue This case raised issues both of an employer’s liability for statutory torts committed before a TUPE transfer and the time limits for bringing claims where the act predates the transfer. (The case also raises other issues not considered … Continue reading
September 5, 2014
by Jeffrey
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The issue here is whether the contract of a person employed by a business operating unlawfully can transfer when that business is acquired by another. The Facts the Claimant worked for Aaronson & Co, a solicitors firm. The principle of Aaronson, … Continue reading
September 5, 2014
by Jeffrey
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This another case emphasising the need in a Reg 3(1)(b) Service Provision Change (SPC) case for the ET to clearly define the ‘organised grouping’ of employees required by Reg 3(3) and to determine whether the Claimant has been assigned to … Continue reading
September 5, 2014
by Jeffrey
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This is a Service Provision Change Case (SPC). At issue was: (i) Whether the same activities that were being performed by the transferor continued to be performed by the transferee and, if they did; (ii) Whether the Claimants were assigned to … Continue reading
August 22, 2014
by Jeffrey
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This is another case concerned with a transferee employer requiring bus drivers to change their base depot from the place it was before the transfer to another location after the transfer. In Musse v Abiello London Limited it was held … Continue reading
August 7, 2014
by Jeffrey
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In some cases the date of the transfer can be of crucial importance. This is one such case. If the date of the transfer was the date that the employees relied on, it exposed the transferee to a very substantial … Continue reading
March 18, 2014
by Jeffrey
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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