May 11, 2023
by Jeffrey
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In a paper published by the Department for Trade and Business, Smarter Regulation to Grow the Economy the Government has announced that intends to consult over changes to the information and consultation requirements of TUPE. Specifically, it proposes to remove … Continue reading
May 22, 2020
by Jeffrey
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A new Treasury Direction (No. 2) has been issued. This makes a small but significant change to the eligibility to include employees in a CJRS claim if they are transferred after 28 February 2020. A new employer (i.e. the transferee) … Continue reading
May 14, 2020
by Jeffrey
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Further guidance has been issued by HM Treasury for employers to assist in identifying those employees for whom an employer is eligible to claim furlough payments. See latest guidance here The guidance does not changes the earlier guidance but makes … Continue reading
April 15, 2020
by Jeffrey
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The latest Guidance on the CJRS provides: “A new employer is eligible to claim under the CJRS in respect of the employees of a previous business transferred after 19 March 2020 if either the TUPE or PAYE business succession rules apply to … Continue reading
April 9, 2020
by Jeffrey
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The CJRS Guidance has now been updated to make it clear that any employee who transferred after 28 February 2020 is covered by the Scheme. The guidance now provides: “Employee transfers under TUPE and on a change in ownership A … Continue reading
March 30, 2020
by Jeffrey
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Updated see post of 9 April 2020 The guidance for the Coronavirus Job Retention Scheme (‘the Scheme’) provides that in order to be a qualifying employee within the Scheme, “Furloughed employees must have been on [the employer’s] PAYE payroll on … Continue reading
September 3, 2018
by Jeffrey
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In its recent Agent Update on page 4 HMRC have announced: Changes in how National Minimum Wage (NMW) penalties apply to employers who have staff transferred under Transfer of Undertakings (Protection of Employment) (TUPE) rules HMRC has changed its approach to charging penalties … Continue reading
August 12, 2018
by Jeffrey
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In this case the closure of an undertaking for a period of 5 months did not have the effect of preventing a transfer under the Acquired Rights Directive. The Facts CS was music teacher employed by a music school. The … Continue reading
March 20, 2015
by Jeffrey
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This case concerns TUPE and insolvency and more particularly whether the Secretary of State is liable for debts that accrue after the date of transfer. There are essentially two forms of insolvency proceedings catered for in Reg 8 of TUPE. … Continue reading
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