Staff restructuring and efficiency savings – Education Law Blog

‘In Hazel and Huggins v Manchester College [2014] EWCA Civ 72 the Court of Appeal has dismissed the College’s appeal against a majority Employment Tribunal decision that the dismissals of two lecturers at HMP Elmley in Kent, Mrs Hazel and Mrs Huggins (“H&H”) were not for an “economic technical or organisational” (ETO) reason that entailed a change in the workforce, but were because they refused to agree to new, reduced terms, and this was connected to a TUPE transfer, making their dismissals automatically unfair.’

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Education Law Blog, 7th February 2014

Source: www.education11kbw.com

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United States of America v Nolan – WLR Daily

United States of America v Nolan [2014] EWCA Civ 71;  [2014] WLR (D)  46

‘Employers who were public administrative bodies or sovereign states were not exempt from the obligation to consult employees’ representatives about proposed collective redundancies imposed by section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, as substituted.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

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Government publishes TUPE amendment regulations – No. 5 Chambers

Posted December 12th, 2013 in employment, news, redundancy, regulations, transfer of undertakings by sally

‘As predicted in our autumn newsletter, the Government has now published its proposed amendments to TUPE.’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

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ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by tracey

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

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Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

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Kavanagh and others v Crystal Palace FC Ltd and another – WLR Daily

Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436

“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

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UPC Nederland BV v Gemeente Hilversum (Case C-518/11) – WLR Daily

Posted November 11th, 2013 in contracts, EC law, electronic commerce, law reports, media, transfer of undertakings by michael

UPC Nederland BV v Gemeente Hilversum (Case C-518/11);  [2013] WLR (D)  428

“Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33, ‘the Framework Directive’), Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ 1998 L 24, p. 1), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51)”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

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Government To Retain SPC – No. 5 Chambers

Posted September 19th, 2013 in consultations, news, regulations, transfer of undertakings by sally

“The Government has decided not repeal the TUPE rules on service provision change. Anthony Korn summarises the Government’s response to the Consultation document published earlier this year.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

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TUPE reforms “eliminate unnecessary gold plating”, says expert, but service provision change rules remain – OUT-LAW.com

“Changes to the regime governing protections for employees whose contracts are transferred to a new employer ‘go a long way towards eliminating the unnecessary gold plating’ that has made the rules such a headache for employers, an expert has said.”

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OUT-LAW.com, 6th September 2013

Source: www.out-law.com

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Alemo-Herron v Parkwood Leisure Ltd – WLR Daily

Alemo-Herron v Parkwood Leisure Ltd (Case C-426/11); [2013] WLR (D) 288

“Article 3 of Council Directive 2001/23/EC precluded a member state from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer were enforceable against the transferee, where that transferee did not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk

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Pending appeal against dismissal did not mean former employee transferred under TUPE, says EAT – OUT-LAW.com

“A former employee who was awaiting an appeal against her dismissal was not ‘employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”

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OUT-LAW.com, 17th May 2013

Source: www.out-law.com

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TUPE Podcast – 11 KBW

Posted May 8th, 2013 in podcasts, transfer of undertakings by sally

Podcast

11 KBW, April 2013

Source: www.11kbw.com

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No duty to consult employees unaffected by a TUPE transfer, says EAT – OUT-LAW.com

Posted May 1st, 2013 in employment tribunals, news, transfer of undertakings by sally

“There is no requirement for employers to consult with employees working in a part of the business that will not be transferred to a new owner under TUPE laws, the Employment Appeal Tribunal (EAT) has ruled.”

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OUT-LAW.com, 30th April 2013

Source: www.out-law.com

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The Dynamic Do-over: The Advocate General’s opinion in Alemo-Herron – Employment Law Blog

“What’s the point of the TUPE? Other than terrorising HR professionals and inspiring books as good as this one, that is? Its essential function is simple: to protect the employment and the terms and conditions of employees affected by a change in the ownership of the undertaking they work in or (for now at least) by a change in the identity of the provider of a service. The eye-popping complexity for which TUPE disputes are famous arises from trying to apply that simple principle to the messy business that is real life employment. The CJEU is presently pondering one example of the conceptual difficulties that can be thrown up in Alemo-Herron and others v Parkwood Leisure Limited C-426/11 and Advocate General Cruz Villalon has just delivered his opinion.”

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Employment Law Blog, 22nd February 2013

Source: www.employment11kbw.com

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Philosophy, theology and service provision change – Hardwicke Chambers

Posted December 4th, 2012 in employment, employment tribunals, news, transfer of undertakings by sally

“As employment lawyers will know, in order to determine whether there is going to be (or has been) a service provision change (SPC) under Regulation 3 of TUPE Regulations 2006 it is necessary to subject the material facts to a number of tests. These should be carried out in a logical order starting with an examination of the relevant activities to decide whether those activities to be carried out after any SPC are fundamentally or essentially the same as those carried out before. Then one must check whether the conditions in Reg 3(3) are satisfied.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

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EAT provides clarity on what it means to provide a “short-term” service – OUT-LAW.com

Posted November 15th, 2012 in appeals, employment tribunals, news, transfer of undertakings by sally

“A contract for a ‘single specific event’ need not necessarily be of ‘short-term duration’ to prevent workers being caught by regulations governing the employment rights and status of a particular worker when there is a change in service provider, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 15th November 2012

Source: www.out-law.com

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Assignment & Organised Grouping: Where Does The Law Currently Stand? – Hardwicke Chambers

“This paper concerns part of TUPE1 regulation 4(1) and regulation 3(3)(a). There’s a summary of the main points at the end of it, on page 7.”

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Hardwicke Chambers, 2nd November 2012

Source: www.hardwicke.co.uk

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TUPE service provision rules should be given literal interpretation, Court of Appeal says – OUT-LAW.com

Posted November 5th, 2012 in appeals, employment, news, transfer of undertakings by sally

“The Court of Appeal has confirmed that employees of a service provider cannot take advantage of certain legal protections when the client they provide services to changes at the same time as the company that they work for.”

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OUT-LAW.com, 2nd November 2012

Source: www.out-law.com

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Employment Law Update: Transfer of Undertakings (Protection of Employment) and Age Discrimination – 11 KBW

“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”

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11 KBW, 17th August 2012

Source: www.11kbw.com

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Directors cannot form part of an “organised grouping of employees” for the purposes TUPE, tribunal holds – OUT-LAW.com

“Directors of a charity cannot form part of an ‘organised grouping of employees’ and so cannot take advantage of certain legal protections when the service they provide is taken in-house, the Employment Appeal Tribunal (EAT) has found.”

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OUT-LAW.com, 14th August 2012

Source: www.out-law.com

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Facilities staff will not automatically transfer under TUPE if client changes at the same time as service provider, tribunal confirms – OUT-LAW.com

“Regulations designed to protect employees when the company they work for is taken over by a new owner will not apply where the contractor providing business services changes at the same time as the client for whom those services are being carried out, the Employment Appeal Tribunal (EAT) has confirmed.”

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OUT-LAW.com, 28th June 2012

Source: www.out-law.com

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