TUPE

Jeffrey Jupp's TUPE resource

August 31, 2018
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Nicholls v London Borough of Croydon EAT – 23 August 2018

The Issue This case principally concerns Reg 3(5) and what amounts to “an administrative reorganisation of public administrative authorities or the transfer of administrative functions between public administrative authorities”. The Background This case concerns transfers that arose out of the reorganisation … Continue reading

June 13, 2017
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ICAP Management Services Limited v Berry QBD – 6 June 2017

Postscript My last post concerned this case when an interim injunction was refused.   I noted the case raised interesting arguments in relation to the interaction between TUPE and restrictive covenants and, in particular, the right to object under Reg … Continue reading

February 10, 2016
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Mustafa v Trek Highway Services EAT – 29 January 2016

This case was an appeal essentially on the facts, however, it is useful because the EAT (Simler P) has summarised and reminded us of some important principles on the following subjects: Transfer of an economic entity (Reg 3(1)(a)). Whether the … Continue reading

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