March 11, 2021
by Jeffrey
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In a TUPE case, can an order for re-engagement be made against a transferee who is not joined in the proceedings? (Err? No!) Could a compensation order also be made against a transferor when all liability passed to the transferee? (Again, … Continue reading
March 9, 2021
by Jeffrey
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This case illustrates the difference between what amounts to a fundamental breach of contract for the purposes of unfair constructive dismissal and what amounts to a “substantial change to working conditions to working conditions to the material detriment of [the … Continue reading
March 3, 2021
by Jeffrey
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This is the first appellate case to apply the ECJ decision in Govaerts. It did so in the context of a service provision change (SPC) under Reg 3(1)(b) of TUPE. The Background Amey, the transferor, had a contract with NLC … Continue reading
December 12, 2017
by Jeffrey
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It is not uncommon for a business to be acquired by a transferee over a prolonged period, or, in share sale scenario, for control of the business to be increased by a parent company over time such that the parent … Continue reading
March 29, 2017
by Jeffrey
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If a transferor provides inaccurate Employee Liability Information (ELI) to a transferee does the transferee have a right to compensation under Reg 12? Answer; not necessarily. The Facts Born took over a print finished contract from Spire. It was a … Continue reading
February 10, 2016
by Jeffrey
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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
December 22, 2015
by Jeffrey
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There have been a number of significant developments and refinements in TUPE case law in 2015. Meaning of ‘client’ One significant development concerned the issue of who is a client under Reg 3(1)(b). It was generally understood that there could … Continue reading
November 27, 2015
by Jeffrey
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By Reg 3(3), a pre-condition of a Service Provision Change under Reg 3(1)(b) is that 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 … Continue reading