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TUPE case law update

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Balfour Beatty Power Networks Ltd and another v Wilcox and others [2006] IRLR 258 EAT (0 other reports)
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Balfour Beatty Power Networks Ltd and another v Wilcox and others [2007] IRLR 63 CA (0 other reports)
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Baxter and others v Marks & Spencer and others [2005] All ER (D) 26 (Oct) EAT (0 other reports)
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Celtec Ltd v Astley and others [2005] IRLR 647 ECJ (1 other report)
- Transfer of undertakings: Transfers occur on objectively identified specific dates
  
  Date:
  
  15 July 2005
  
  In Celtec Ltd v Astley and others, the ECJ holds that Article 3(1) of the Business Transfers Directive (77/187/EC) must be interpreted as meaning that the "date of a transfer" is the date on which the employer's responsibility for carrying on the business of the unit transferred moves from the transferor to the transferee. That date is a particular point in time, which cannot be postponed to another date at the will of the transferor or transferee.
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Delabole Slate Ltd v Berriman [1985] IRLR 305 CA (1 other report)
- Transfer of undertakings: Changes in the workforce
  
  Date:
  
  4 June 1985
  
  In Delabole Slate Ltd v Berriman the Court of Appeal upholds the EAT's decision that a dismissal which occurs as a consequence of a change in terms of employment following the transfer of an undertaking is not a dismissal for "an economic, technical or organisational reason entailing changes in the workforce", and so is automatically unfair under reg.8(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.
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G4S Justice Services v Anstey and others [2006] IRLR 588 EAT (1 other report)
- Transfer of undertaking: TUPE and the 'vanishing dismissal'
  
  Date:
  
  8 September 2006
  
  In G4S Justice Services (UK) Ltd v Anstey and others [2006] IRLR 588 EAT, the Employment Appeal Tribunal holds that employees dismissed for gross misconduct prior to a TUPE transfer, but whose appeals were subsequently upheld, were employed "immediately before" the transfer, with the result that their employment transferred.
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Lightways (Contractors) Ltd v Associated Holdings Ltd [2000] IRLR 247 CS (0 other reports)
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London Metropolitan University v Sackur and others EAT/0286/06 (1 other report)
- Transfer of undertakings: 'ETO' defence does not apply to harmonisation involving no workforce changes
  
  Date:
  
  29 December 2006
  
  In London Metropolitan University v Sackur and others EAT/0286/06, the Employment Appeal Tribunal has confirmed that standardisation of employees' terms is not of itself sufficient to give rise to an ETO defence.
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Mackie v Aberdeen City Council [2006] CSIH 36 (1 other report)
- Transfer of undertakings: Court of Session confirms correct approach to identifying a 'TUPE transfer'
  
  Date:
  
  1 December 2006
  
  In Mackie v Aberdeen City Council [2006] CSIH 36, the Court of Session holds that there was no TUPE transfer when a private-sector employee working on a project for a local authority was subsequently offered a job in-house, despite a letter from the local authority indicating that a transfer had taken place.
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Nicholas v Tina Grant t/a Sandancers Cafe EAT/0198/06 (0 other reports)
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Print Factory (London) 1991 Ltd v Millam [2006] IRLR 923 EAT (1 other report)
- Transfer of undertakings: Change of control on share sale does not amount to TUPE transfer
  
  Date:
  
  17 November 2006
  
  In The Print Factory (London) 1991 Ltd v Millam EAT/0253/06, the Employment Appeal Tribunal holds that a TUPE transfer could not be inferred from the fact that, after an acquisition of shares, the holding company exercised management control of the subsidiary.
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Sweetin v Coral Racing [2006] IRLR 252 EAT (1 other report)
- Transfer of undertakings: Compensation for failure to consult on TUPE transfer
  
  Date:
  
  7 April 2006
  
  In Sweetin v Coral Racing, the EAT holds that awards of compensation for a failure to inform and consult about staff transfers under the Transfer of Undertakings (Protection of Employment) Regulations should be penal and not compensatory.
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Werhof v Freeway Traffic Systems GmbH & Co KG [2006] IRLR 400 ECJ (0 other reports)

This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

Employment law cases

TUPE case law update

Transfer of undertakings: Transfers occur on objectively identified specific dates

Transfer of undertakings: Changes in the workforce

Transfer of undertaking: TUPE and the 'vanishing dismissal'

Transfer of undertakings: 'ETO' defence does not apply to harmonisation involving no workforce changes

Transfer of undertakings: Court of Session confirms correct approach to identifying a 'TUPE transfer'

Transfer of undertakings: Change of control on share sale does not amount to TUPE transfer

Transfer of undertakings: Compensation for failure to consult on TUPE transfer

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