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 4, 2019
by Jeffrey
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The Court of Appeal dismissed the transferee’s appeal in this case, for essentially the same reasons as the EAT. The issue in this case is whether an employee dismissed immediately before the transfer was automatically unfairly dismissed because the principal … Continue reading
February 12, 2018
by Jeffrey
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The issue in this case is whether an employee dismissed immediately before the transfer was automatically unfairly dismissed because the principal reason for the dismissal was the transfer (Reg 7). The Facts K was employed by R1, the transferor, which got … 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
November 23, 2016
by Jeffrey
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This case concerns the ETO defence in Reg 7 (before the 2014 amendment of Reg 7 and the introduction of Reg 7(3A)). The EAT provides a useful reminder of the approach to ETO issues. The Facts The Council, by … 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
May 19, 2014
by Jeffrey
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The Issue Under the recently amended regulations an ETO reason ‘entailing changes in the workforce’ has been expanded by Reg 7(3) so that it includes a change to the place of work. This is a statutory overruling of the principle, … Continue reading
February 10, 2014
by Jeffrey
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This case concerns harmonisation following a transfer. In cases of harmonisation the argument often run is that the harmonisation was for reason(s) independent of the transfer. Usually, that the business was under financial pressure or there were industrial relations issues … Continue reading
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
November 14, 2013
by Jeffrey
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Summary The Court of Appeal have overturned the judgment of the EAT. The EAT had held that reason for dismissing the employees for redundancy was so that the liquidator could sell the football club and not for the purpose of … Continue reading