“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.”
OUT-LAW.com, 8th March 2012
Source: www.out-law.com
“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.”
OUT-LAW.com, 27th February 2012
Source: www.out-law.com
“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.”
OUT-LAW.com, 23rd December 2011
Source: www.out-law.com
Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565; [2011] WLR (D) 369
“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
“Terms and conditions of employment are often found, especially in the public sector, not in the individual contracts of employment themselves, but in collective agreements between the employer and trade unions, collective agreements which are expressly incorporated into the individual contracts. If the employer and the unions agree changes in the collective agreement then the individual contracts will automatically be varied accordingly.”
Full story (PDF)
11 KBW, 24th November 2011
Source: www.11kbw.com
“The policy aim behind the legislation governing insolvency is that of facilitating the so-called ‘rescue culture’ by making insolvent employers more attractive to prospective purchasers. The policy aim behind employment protection legislation is to provide valuable rights for employees. It is unsurprising that, when these two policy aims collide, problems arise.”
Full story (PDF)
11 KBW, 10th November 2011
Source: www.11kbw.com
“The takeover, within the same member state, by one public authority of staff employed by another public authority entrusted with the supply to schools of auxiliary maintenance and administrative assistance constituted a transfer of an undertaking within the meaning of article 1(1) of Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses (OJ 1977 L 61, p 26). Where such a transfer led to the immediate application to the transferred workers of the collective agreement in force with the transferee, and where the conditions for remuneration were linked in particular to length of service, article 3 of the Directive precluded the transferred workers from suffering, in comparison with their situation immediately before the transfer, a substantial loss of salary by reason of the fact that their length of service with the transferor (equivalent to that completed by workers in the service of the transferee) was not taken into account when determining their starting salary position with the latter.”
WLR Daily, 6th September 2011
Source: www.iclr.co.uk
“Ministers claim reforms will make it easier for businesses to grow but unions say change will ‘reward bad employers who disadvantage women and ethnic minority workers’.”
The Guardian, 11th May 2011
Source: www.guardian.co.uk
“The government is to extend its review of employment law to tighten up discrimination compensation and dilute rules protecting employees’ rights when a business is transferred from one owner to another.”
The Guardian, 11th May 2011
Source: www.guardian.co.uk
CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12
“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”
WLR Daily, 24th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The coalition government has scrapped plans to reform controversial employment regulations in an apparent U-turn by the Conservatives, it has emerged.”
Law Society’s Gazette, 18th November 2010
Source: www.lawgazette.co.uk
“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ‘much-needed clarification’ on the issue, experts have said.”
Law Society’s Gazette, 29th April 2010
Source: www.lawgazette.co.uk
“The Law Society’s legal action against the Office for Legal Complaints and the government to determine whether employment protection rules apply to staff at the Legal Complaints Service was heard in the High Court last week.”
Law Society’s Gazette, 25th February 2010
Source: www.lawgazette.co.uk
Alemo-Herron and Others v Parkwood Leisure Ltd
Court of Appeal
“After a competitive transfer to the private sector of local authority services, and thence to further private-sector employment, the second private employers were not bound by a collective pay settlement agreed between the local authority and trade unions.”
The Times, 15th February 2010
Source: www.timesonline.co.uk
Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16
“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”
WLR Daily, 1st February 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“More people could resign and claim compensation for unfair dismissal if their company is taken over by another firm whose offices are further away following an Employment Appeals Tribunal (EAT) ruling, an employment law expert has said.”
OUT-LAW.com, 26th August 2009
Source: www.out-law.com
“The introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ‘service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee, by including in the definition of a transfer of an undertaking situations falling within reg 3(1)(b), outsourcing, in-sourcing and a change in the provision of services between contractors. The introduction of reg 3(1)(b) enabled a transfer to be established in any of the three situations if the activities previously carried out by client or contractor had ceased to be so carried out were instead carried out by the contractor or a new contractor or by the client.”
WLR Daily, 30th June 2009
Soource: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Employees have the same rights when a company changes service provider as when work is outsourced in the first place even if the new service is not identical to the old, the Employment Appeals Tribunal has ruled.”
OUT-LAW.com, 29th June 2009
Source: www.out-law.com
“Companies may begin to use complex commercial services contracts when engaging law firms after a case underlined the rights of workers whose jobs are transferred to another firm.”
OUT-LAW.com, 25th March 2009
Source: www.out-law.com
“Firms winning legal service contracts from competitors could face a ‘landslide’ of six-figure claims for unfair dismissal if they do not take on staff on reasonable terms along with the contract, the winner of a landmark employment tribunal case said this week.”
Law Society’s Gazette, 19th March 2009
Source: www.lawgazette.co.uk
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