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
September 6, 2017
by Jeffrey
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This is a rare case of an offshore transfer. At issue was whether the employee was entitled to transfer to Manila in the Philippines on his existing UK terms and conditions (‘Ts and Cs’). The Facts C was employed by the … Continue reading
June 13, 2017
by Jeffrey
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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
April 7, 2017
by Jeffrey
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This case concerns an application for an interim injunction to enforce post termination restrictions (PTRs). To avoid those PTRs the employee sought to invoke TUPE in a creative and interesting way. The Facts B worked for ICAP in a senior role. … 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
January 22, 2016
by Jeffrey
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Although a number of issues relating to TUPE were considered in this case the most significant issue, and one which will have wider application, is that the EAT held that it was not necessary for a Claimant to comply with … 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
August 12, 2015
by Jeffrey
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This case concerns the meaning of the expression, ‘the time of the transfer’ within s. 218 of the Employment Rights Act 1996 which provides: (1) Subject to the provisions of this section, this Chapter relates only to employment by the one … Continue reading
June 29, 2015
by Jeffrey
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Can the client in a Reg 3(1)(b) Service Provision Change determine who is assigned to the organised grouping? In Robert Sage t/a Prestige Nursing v O’Connell the EAT had held that the issue is to be determined by asking the question: … Continue reading
May 18, 2015
by Jeffrey
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This case raises an interesting point on the relationship between discrimination under the Equality Act 2010 (‘EA’) and TUPE. Put shortly what happens if the transferee, before the transfer, indicates that it will not honour reasonable adjustments made by the … Continue reading