Employment law changes to expect in 2024 – Kingsley Napley Employment Law Blog

‘From the day-one right to request flexible working to the introduction of rolled-up holiday pay, Georgia Roberts runs through the employment law changes HR must prepare for in 2024.’

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Kingsley Napley Employment Law Blog, 5th January 2024

Source: www.kingsleynapley.co.uk

EAT consider when a TUPE transfer takes place in a ‘series of transactions’ case and find that (i) it does not necessarily take place at the end of the series and (ii) the tribunal can take into account matters which occur outside the UK – 3PB

‘In a judgment handed down by Mr Justice Kerr this week in a case in which I represented the Appellant, the EAT found that in a “series of transactions” case under Regulation 3(6) TUPE, the transfer did not necessarily take place at the end of the series, and that the tribunal should not focus merely on transactions which occurred within the UK.’

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3PB, 1st September 2023

Source: www.3pb.co.uk

UK government plans major reforms to employment regulation – OUT-LAW.com

‘Proposals in a new policy paper published by the UK government could have a significant effect on employment regulation, according to legal experts.’

Policy paper

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OUT-LAW.com, 12th May 2023

Source: www.pinsentmasons.com

Personal injury solicitor awarded £32,000 for unfair dismissal – Legal Futures

‘A personal injury solicitor who was transferred to a new law firm without notice or consultation has been awarded just under £32,000 in damages by an employment tribunal.’

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Legal Futures, 10th November 2022

Source: www.legalfutures.co.uk

Merely technical breaches of TUPE, and can liability survive a withdrawal? – 3PB

Posted May 24th, 2022 in compensation, employment tribunals, news, transfer of undertakings by sally

‘The Employment Appeal Tribunal considered the Tribunal’s discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant’s liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against them.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

Bringing it all back home: TUPE reform after Brexit – by Charles Wynn-Evans – UK Labour Law

Posted September 24th, 2021 in brexit, EC law, employment, interpretation, news, transfer of undertakings by sally

‘Despite the concerns expressed by many commentators ahead of Brexit about the possibility of significant deregulatory reform of employment protection legislation once the United Kingdom left the EU, precious little has been heard subsequently in this regard in terms of specific proposals other than a brief flurry of speculation earlier this year about potential reform of working time, rest break and holiday entitlement provisions. This culminated in the Government’s confirmation that a review of workers’ rights would not be proceeding and its statement, in explaining the failure to include the promised Employment Bill in the most recent Queen’s Speech, that it is “unequivocal in its commitment to protect and enhance workers’ rights as we build back better from the pandemic….”’

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UK Labour Law, 22nd September 2021

Source: uklabourlawblog.com

No TUPE protection for staff after firm’s owner made bankrupt – Legal Futures

‘There was no protection for staff under the TUPE after the sole owner of a law firm was made bankrupt and the practice taken over, the Employment Appeal Tribunal (EAT) has ruled.’

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Legal Futures, 8th April 2021

Source: www.legalfutures.co.uk

Splitting liability between transferees: McTear & Mitie v Amey & Others – Cloisters

‘In McTear & Mitie v Amey & Others the Employment Appeal Tribunal held that the controversial decision of the CJEU in Govaerts applies in domestic law – including to Service Provision Changes (‘SPCs’) under TUPE. This means that the contract of employment of a given employee who transfers pursuant to a SPC may as a matter of law be split between multiple transferees.’

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Cloisters, 2nd March 2021

Source: www.cloisters.com

Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19 – 3PB

‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Beneficial variations invalidated by TUPE transfer – Employment Law Blog

Posted May 19th, 2020 in news, pensions, transfer of undertakings by sally

‘What is the position if business owners employed by their own company award themselves substantially enhanced “golden parachute” terms in advance of a TUPE transfer, confident in the expectation that those liabilities will be picked up by the unwitting transferee?’

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Employment Law Blog, 18th May 2020

Source: employment11kbw.com

A guide to the future ahead for TUPE and insolvency – Littleton Chambers

‘On Easter Monday, 13 April 2020, the High Court (Snowden J presiding) handed down its judgment in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). To add to the Easter joy, the furlough guidance was amended on 9 April 2020 and the judgment had to embrace the amended guidance. One of the clarifying amendments on 9 April was the confirmation that employees who transfer under TUPE after 28 February 2020 may be placed, or continue, on furlough. This has practical implications in the light of this judgment.’

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Littleton Chambers, 14th April 2020

Source: www.littletonchambers.com

Employment Update – Spring 2020 – Ely Chambers

‘The latest from our Employment team.’

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Ely Place, February 2020

Source: elyplace.com

Does a Limb B) worker qualify as an employee for purposes of TUPE? – Littleton Chambers

Posted December 10th, 2019 in contracts, news, statutory interpretation, transfer of undertakings by sally

‘The Claimants were cycle couriers who provided services to City Sprint in relation to City Sprint’s contract with HCA Healthcare. City Sprint lost this contract to Ecourier.’

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Littleton Chambers, 9th December 2019

Source: www.littletonchambers.com

How & why not all transfers are TUPE transfers – New Law Journal

Posted April 15th, 2019 in employment, news, transfer of undertakings, unfair dismissal by michael

‘Whenever employees are transferred from one employer to another, the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (SI 2006/246) are the practitioner’s first port of call. However, not all cases of transfer of employment involve a TUPE transfer.’

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New Law Journal, 11th April 2019

Source: www.newlawjournal.co.uk

Tribunal orders defunct law firm to pay staff outstanding wages – Legal Futures

‘A defunct family law firm has been ordered by an employment tribunal to pay two female members of staff unpaid wages and damages.’

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Legal Futures, 7th March 2019

Source: www.legalfutures.co.uk

No TUPE protection for most staff shed in Lawyers Inc takeover – Legal Futures

‘Only five out of 22 lawyers and staff who lost their jobs when Hull firm Ingrams collapsed in July 2017 were protected by the TUPE regulations when the firm was effectively taken over by an innovative alternative business structure (ABS), an employment tribunal has ruled.’

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Legal Futures, 8th January 2019

Source: www.legalfutures.co.uk

Tees Esk & Wear Valleys NHS Foundation Trust v Harland – WLR Daily

Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16

‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’

WLR Daily, 3rd March 2017

Source: www.iclr.co.uk

BT reaches deal with Ofcom to legally separate Openreach – The Guardian

Posted March 10th, 2017 in competition, news, pensions, telecommunications, transfer of undertakings by sally

‘BT has finally reached an agreement with Ofcom to legally separate Openreach, which controls the UK’s broadband infrastructure.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

Transferring the blame? – New Law Journal

Posted October 31st, 2016 in employment, news, transfer of undertakings by sally

‘John McMullen examines the conditions of TUPE.’

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New Law Journal, 28th October 2016

Source: www.newlawjournal.co.uk

Employment law: Post-Brexit – OUP Blog

Posted August 30th, 2016 in brexit, EC law, employment, news, referendums, regulations, transfer of undertakings by sally

‘The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment. An issue over which a considerable amount of ink has been spilled, both before and after the referendum. These challenges include how employers should best seek to manage employee uncertainty and anxiety about the possible impact of the Leave vote on their business; how economic uncertainty will affect recruitment policy, perhaps pushing employers towards more temporary and agency and less permanent recruitment; the impact on employers’ ability to attract and retain skilled staff from overseas of potential changes to immigration laws as part of Brexit; how to reduce the risks of increased disputes in the workplace based on differing views of the merits of Brexit; and ensuring that any relocations or restructurings that the changed climate necessitates are handled so as to minimise exposure to claims. As the UK proceeds with the process of extracting itself from the EU, the impact on free movement and immigration laws will also be crucial for many employers.’

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OUP Blog, 30th August 2016

Source: www.blog.oup.com