Spaceright Europe Ltd v Baillavoine and another – WLR Daily

Posted December 16th, 2011 in insolvency, law reports, transfer of undertakings, unfair dismissal by tracey

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

TUPE and Collective Agreements – 11 KBW

“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

Rescue me … insolvency issues for employment lawyers – 11 KBW

Posted November 14th, 2011 in employment, insolvency, news, transfer of undertakings by sally

“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

Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily

Posted October 10th, 2011 in EC law, law reports, remuneration, transfer of undertakings by sally

Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (Case C-108/10); [2011] WLR (D) 284

“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

Unions attack plans to reform employment laws – The Guardian

“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’.”

Full story

The Guardian, 11th May 2011

Source: www.guardian.co.uk

Coalition to water down employees’ rights – The Guardian

“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.”

Full story

The Guardian, 11th May 2011

Source: www.guardian.co.uk

CLECE SA v Martín Valor and another – WLR Daily

Posted January 25th, 2011 in contracts, employment, law reports, transfer of undertakings by sally

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.

Government rethinks TUPE stance – Law Society’s Gazette

Posted November 19th, 2010 in news, pensions, transfer of undertakings by sally

“The coalition government has scrapped plans to reform controversial employment regulations in an apparent U-turn by the Conservatives, it has emerged.”

Full story

Law Society’s Gazette, 18th November 2010

Source: www.lawgazette.co.uk

Employment Appeal Tribunal issues TUPE judgment on contract wins – Law Society’s Gazette

Posted April 29th, 2010 in contracts, employment tribunals, law firms, news, transfer of undertakings by sally

“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.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

Law Society TUPE action reaches the High Court – Law Society’s Gazette

Posted February 25th, 2010 in employment, Law Society, news, transfer of undertakings by sally

“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.”

Full story

Law Society’s Gazette, 25th February 2010

Source: www.lawgazette.co.uk

Alemo-Herron and Others v Parkwood Leisure Ltd – Times Law Reports

Posted February 17th, 2010 in law reports, remuneration, trade unions, transfer of undertakings by sally

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 – WLR Daily

Posted February 2nd, 2010 in appeals, law reports, remuneration, transfer of undertakings by sally

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.

TUPE ruling could lead to more successful unfair dismissal claims – OUT-LAW.com

Posted August 26th, 2009 in news, transfer of undertakings, unfair dismissal by sally

“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.”

Full story

OUT-LAW.com, 26th August 2009

Source: www.out-law.com

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another – WLR Daily

Posted July 1st, 2009 in contracting out, law reports, transfer of undertakings by sally

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another UKEAT/286/08; [2009] WLR (D) 217

“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.

EAT adopts ‘pragmatic’ approach to service provider TUPE transfers – OUT-LAW.com

Posted June 30th, 2009 in contracting out, news, transfer of undertakings by sally

“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.”

Full story

OUT-LAW.com, 29th June 2009

Source: www.out-law.com

Businesses are not always free to change lawyers, rules tribunal – OUT-LAW.com

Posted March 25th, 2009 in news, transfer of undertakings by sally

“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.”

Full story

OUT-LAW.com, 25th March 2009

Source: www.out-law.com

Law firm staff win landmark TUPE claim – Law Society’s Gazette

Posted March 20th, 2009 in news, transfer of undertakings, unfair dismissal by sally

“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.”

Full story

Law Society’s Gazette, 19th March 2009

Source: www.lawgazette.co.uk

Union takes outsourcing case to Employment Tribunal – OUT-LAW.com

Posted August 8th, 2008 in contracting out, news, trade unions, transfer of undertakings by sally

“A £400 million outsourcing deal between local authorities and IBM was unfair because the full details of the transfer of staff to a private company were not revealed, workers’ union Unison has said.”

Full story

OUT-LAW.com, 7th August 2008

Source: www.out-law.com

BRB (Residuary) Ltd v Connex South Eastern Ltd – WLR Daily

Posted June 5th, 2008 in contribution, damages, law reports, transfer of undertakings by sally

BRB (Residuary) Ltd v Connex South Eastern Ltd [2008] EWHC 1172 (QB); [2008] WLR (D) 177

“Where proceedings had been taken to the point of judgment against a person who had not been the correct defendant, that person might recover under the Civil Liability (Contribution) Act 1978 against the person who should have been the defendant.”

WLR Daily, 4th June 2008

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.

ICO issues new guidance on transfer of employee information – OUT-LAW.com

Posted June 5th, 2008 in data protection, news, transfer of undertakings by sally

“The Information Commissioner’s Office has today published new guidance to help organisations comply with the Data Protection Act when providing information about their employees under TUPE, the law that protects staff when a business is transferred.”

Full story

OUT-LAW.com, 4th June 2008

Source: www.out-law.com