transfer of undertakings – Page 3

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

Posted November 18th, 2013 in administrators, appeals, employment, law reports, sport, transfer of undertakings, unfair dismissal by sally

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

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

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.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

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

Posted September 9th, 2013 in contract of employment, contracting out, news, transfer of undertakings, unfair dismissal by tracey

“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.”

Full story

OUT-LAW.com, 6th September 2013

Source: www.out-law.com

Alemo-Herron v Parkwood Leisure Ltd – WLR Daily

Posted July 22nd, 2013 in collective agreements, EC law, employment, law reports, local government, remuneration, transfer of undertakings by sally

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

Posted May 20th, 2013 in appeals, care homes, dismissal, employment tribunals, news, transfer of undertakings by sally

“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.”

Full story

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.”

Full story

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

Posted February 25th, 2013 in contracting out, EC law, employment, local government, news, remuneration, transfer of undertakings by sally

“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.”

Full story

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.”

Full story

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.”

Full story

OUT-LAW.com, 15th November 2012

Source: www.out-law.com

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

Posted November 7th, 2012 in contract of employment, employment tribunals, news, regulations, transfer of undertakings by sally

“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.”

Full story

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.”

Full story

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

Posted August 21st, 2012 in age discrimination, employment, news, transfer of undertakings, unfair dismissal by sally

“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

Posted August 14th, 2012 in appeals, charities, employment, employment tribunals, news, transfer of undertakings by sally

“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

Posted June 28th, 2012 in employment tribunals, news, transfer of undertakings, unfair dismissal by sally

“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.”

Full story

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

Posted May 22nd, 2012 in appeals, employment tribunals, news, transfer of undertakings, tribunals by sally

“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.”

Full story

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.”

Full story

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.”

Full story

OUT-LAW.com, 13th April 2012

Source: www.out-law.com