In Ferguson and others v Astrea Asset Management Ltd, the Employment Appeal Tribunal held that the transferor's substantial improvements to the employment contracts of senior employees shortly before the transfer were void under TUPE legislation and the EU abuse of law principle.
In Dewhurst and others v Revisecatch Ltd t/a Ecourier and another, an employment tribunal controversially held that TUPE protection extends beyond employees to cover workers.
In Mears Homecare Ltd v Bradburn and others, the Employment Appeal Tribunal held that the duty to maintain national minimum wage records moves to the transferee on a TUPE transfer.
In Hare Wines Ltd v Kaur and another, the Court of Appeal upheld the tribunal's decision that the employee's dismissal was automatically unfair by reason of a TUPE transfer because the employer had not taken action to resolve her poor working relationships prior to the transfer, but did so by dismissing her at the time of the transfer.
The European Court of Justice has held that "pre-pack" administration, which is designed to facilitate the sale of a business as a going concern in the event of insolvency, may not prevent employees from having TUPE rights.
A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not the activities carried out afterwards are "fundamentally the same" as before. Dr John McMullen advises on the ruling.