November 29, 2013
by Jeffrey
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This cases an interesting point on Reg 8(7) and when it is that a ‘transferor is …under the supervision of an insolvency practitioner’. Reg 8(7) provides: (7) Regulations 4 and 7 do not apply to any relevant transfer where the transferor is … Continue reading
September 5, 2013
by Jeffrey
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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
August 14, 2013
by Jeffrey
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The long reach of TUPE is illustrated by this case which concerns a collective agreement incorporated into the employment contracts of the Claimants who were first transferred 13 years ago in April 2000. The Facts The Claimants transferred from Ford … Continue reading
July 1, 2013
by Jeffrey
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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 17, 2013
by Jeffrey
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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
May 29, 2013
by Jeffrey
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The issue in this case was whether an employee who is dismissed before the transfer nevertheless transfers if he has an appeal that is outstanding at the date of transfer. In G4S v Anstey (2006) the employees were dismissed by the transferor before … Continue reading
May 28, 2013
by Jeffrey
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In this case two questions were referred to the ECJ: (i) When a contract of employment refers to a collective agreement (in force at the time of the transfer) to which only the transferor has signed up, is the transferee … Continue reading
May 28, 2013
by Jeffrey
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This case restates the correct approach to determining whether the sole or principal reason for a variation of terms and conditions is the transfer or a reason connected to the transfer (Reg 4(5)). It was held by the EAT that … Continue reading
May 28, 2013
by Jeffrey
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Following Tapere this is another useful case on “substantial change in working conditions to the material detriment of the [employee]” within Reg 4(9). The facts 5 bus drivers resigned following a transfer when their place of work moved from Westbourne Park … Continue reading
May 28, 2013
by Jeffrey
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Reg 4(9) provides: (9) Subject to regulation 9, where a relevant transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose contract of employment is or would be transferred under paragraph … Continue reading