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
March 31, 2022
by Jeffrey
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The Background M operated an animal hydrotherapy business as a sole trader until 30 September 2019. She decided to retire and on 1 October 2019 M transferred the business to BDHL a company operated by an individual, SA, who was … Continue reading
November 17, 2014
by Jeffrey
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The Issue Reg 13(2) requires that the employer should inform and consult ‘long enough before’ the transfer. This case concerns the meaning of ‘long enough before’. The Facts LLDY operates a distillery. It was engaged in a dispute with employees … Continue reading
April 23, 2014
by Jeffrey
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In this case the employees sought to bring a direct claim under Reg 15(1)(d) against the transferee for what they said was a breach of Reg 13(4). This requires the transferee to give such information as will enable the transferor … Continue reading
March 21, 2014
by Jeffrey
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This case concerns the starting point for making a protective award under s. 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and compensation under Reg 15 of TUPE. The Facts The Council engaged in both redundancy and TUPE consultation … Continue reading
May 29, 2013
by Jeffrey
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Although understandable on the facts, this decision suggests a more conservative approach to identifying which employees are ‘affected’ employees for the purposes of the employer’s duty to inform and consult under Reg 13 in the context of insolvency. In this case … Continue reading
May 29, 2013
by Jeffrey
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This case usefully illustrates the approach to be taken in the assessment of awards for breaches of Regs 13 and 14 (information and consultation and election of representatives). As is well-known, the award is punitive and the starting point is 13 … Continue reading
May 28, 2013
by Jeffrey
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This is one of the few cases in which cross border transfers have been considered. The EAT held that TUPE may apply where a business is transferred to another jurisdiction, including one outside the EU. Facts A curtain manufacturing business … Continue reading
May 28, 2013
by Jeffrey
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The employer called about 18 out of about 64 staff to a meeting. She told them that the care home where they worked was being sold. No date for the sale was given and no details of the new employer … Continue reading