‘Unfair’ dismissal of full-time mayor from role at a school could be justified, says EAT – OUT-LAW.com

‘A former member of staff at a school in Merseyside was not entitled to compensation when he was dismissed from his role, as his full-time work as the elected mayor of Liverpool was incompatible with him continuing as an employee, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 17th April 2015

Source: www.out-law.com

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Academy terminating prior arrangement – Education Law Blog

‘In Anderson v Chesterfield High School UKEAT/0206/14/MC, Mr Anderson is currently the elected Mayor of Liverpool. This is an executive post and regarded as full-time. The position carries with it an annual allowance of almost £80,000. He had previously held positions as Councillor of Liverpool City Council, the Leader of the opposition on the Council and ultimately at the time of his election as Mayor, Leader of the Council, which was in effect a full-time post with an annual allowance of approximately £50,000.’

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Education Law Blog, 16th April 2015

Source: www.education11kbw.com

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Welcome relief – New Law Journal

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

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New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

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TUPE: property manager was ‘organised grouping of employees’, Court of Appeal rules – OUT-LAW.com

Posted February 18th, 2015 in appeals, news, transfer of undertakings, unfair dismissal by sally

‘A single employee responsible for the management of a company’s property portfolio in the Netherlands was an “organised grouping of employees”, covered by UK employment law protections when the service she provided was outsourced to another company.’

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OUT-LAW.com, 17th February 2015

Source: www.out-law.com

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The Duty to Inform and Consult under Regulation 13 of TUPE – Tanfield Chambers

‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’

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Tanfield Chambers, 16th October 2014

Source: www.tanfieldchambers.co.uk

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Timing of a TUPE transfer determined by facts, not wishes or intentions of parties, says EAT – OUT-LAW.com

‘The point at which the new employer becomes responsible for the workers who have been transferred under TUPE rules is a question of fact, not the wishes or intentions of the parties, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 22nd August 2014

Source: www.out-law.com

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Additional travel time for transferred workers was not “substantial change” to their “material detriment” – OUT-LAW.com

‘A change in the working location of somebody who has changed employer through TUPE will only be grounds for a constructive dismissal claim if that change is “substantial” and causes “material detriment” to the worker.’

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OUT-LAW.com, 26th August 2014

Source: www.out-law.com

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Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com

‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’

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OUT-LAW.com, 21st May 2014

Source: www.out-law.com

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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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