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

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

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

TUPE Podcast – 11 KBW

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

Podcast

11 KBW, April 2013

Source: www.11kbw.com

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

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

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

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

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

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

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.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

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

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

TUPE Round-Up – 11 KBW

Posted June 7th, 2012 in news, transfer of undertakings by sally

“After a period of relative quiet, there has been a spate of TUPE cases over the last year. This paper looks at those cases, concentrating particularly on the following topics:
(1) Service provision changes
(2) Supply of goods exception
(3) The role of TUPE in insolvency/administration situations
(4) Avoiding TUPE.”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Employees must be part of a “deliberate” grouping to transfer under TUPE, tribunal says – OUT-LAW.com

“Individuals who spend all their time working for a single client will not necessarily form part of an ‘organised grouping of employees’ whose employment will transfer under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations when their work is taken back in-house, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 21st May 2012

Source: www.out-law.com

Early retirement rights under occupational pension schemes do transfer under TUPE, High Court rules – OUT-LAW.com

Posted May 18th, 2012 in news, pensions, retirement, transfer of undertakings by sally

“The buyer of a business will be liable for certain early retirement pension rights under the original owner’s occupational pension scheme if the transfer takes place under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, the High Court has ruled.”

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OUT-LAW.com, 18th May 2012

Source: www.out-law.com

Employees coming from two different companies cannot receive TUPE protection, rules EAT – OUT-LAW.com

Posted April 16th, 2012 in employment, news, transfer of undertakings by sally

“TUPE law should not apply when employees are moved to a new employer from two different original employers and should only apply to employees working on the specific tasks that are transferred, an Employment Appeals Tribunal (EAT) ruling has said.”

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OUT-LAW.com, 13th April 2012

Source: www.out-law.com

Change of work location under TUPE transfer can give rise to automatic unfair dismissal, tribunal rules – OUT-LAW.com

Posted March 8th, 2012 in news, transfer of undertakings, tribunals, unfair dismissal by sally

“A movement of workers to another location as a result of a change in employer is a ‘substantial change’ in working conditions which can give rise to successful claims for automatic unfair dismissal, an employment tribunal has ruled.”

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OUT-LAW.com, 8th March 2012

Source: www.out-law.com

Groups of employees must act on behalf of a particular client to be protected by TUPE, tribunal rules – OUT-LAW.com

Posted February 28th, 2012 in appeals, employment, employment tribunals, news, transfer of undertakings by tracey

“The Employment Appeals Tribunal (EAT) held that in order to be considered an ‘organised grouping of employees’  under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), workers with the Eddie Stobart haulage company had to be organised according to the requirements of the client. It was not enough that, although the workers principally carried out activities on behalf of that client, they were organised according to their shifts.”

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OUT-LAW.com, 27th February 2012

Source: www.out-law.com

TUPE service provision protections cannot apply where client also changes, tribunal says – OUT-LAW.com

Posted January 3rd, 2012 in news, transfer of undertakings, tribunals by tracey

“Employees of a service provider cannot take advantage of legal protections designed to ensure their rights are not affected when the company they work for is taken over by a new owner when the client that services are being provided to changes at the same time, a tribunal has ruled.”

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OUT-LAW.com, 23rd December 2011

Source: www.out-law.com