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TUPE case law update

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Holis Metal Industries Ltd v GMB and another [2008] IRLR 187 EAT (1 other report)
- TUPE: TUPE may apply to transfer of business to Israel
  
  Date:
  
  14 April 2008
  
  In Holis Metal Industries Ltd v GMB and another [2008] IRLR 187, the EAT refused to strike out a claim alleging breach of consultation duties arising pursuant to the TUPE Regulations 2006.
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Hunt v (1) Storm Communications Ltd (2) Wild Card Public Relations Ltd (3) Brown Brothers Wine (Europe) Ltd ET/2702546/06 (0 other reports)
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Hynd v Armstrong and others [2007] IRLR 338 CS (0 other reports)
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Jackson v Computershare Investor Services plc [2008] IRLR 70 CA (1 other report)
- Transfer of undertakings: TUPE confers no additional rights on employees
  
  Date:
  
  11 January 2008
  
  In Jackson v Computershare Investor Services plc [2007] EWCA Civ 1065, the Court of Appeal ruled that the provision in the TUPE Regulations to the effect that a transferred contract of employment will have effect after the transfer as if originally made between the employee and the transferee could not be construed so as to give the employee a contractual benefit to which she had not been entitled under her original contract.
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Jouini and others v Princess Personal Service [2007] IRLR 1005 ECJ (0 other reports)
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Millam v The Print Factory (London) 1991 Ltd [2007] IRLR 526 CA (1 other report)
- TUPE: Share transfers
  
  Date:
  
  11 July 2007
  
  In Millam v The Print Factory (London) 1991 Ltd [2007] IRLR 526 CA, the Court of Appeal held that where the operation - as opposed to the ownership of a business - transferred to a new owner, TUPE applied notwithstanding that the business was acquired on a sale of shares.
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New ISG Ltd v Vernon and others [2008] IRLR 115 HC (1 other report)
- New ISG Ltd v Vernon and others
  
  Date:
  
  23 November 2007
  
  The High Court has held that an employee's resignation two days after he had been informed that he was being transferred was a valid objection to the transfer.
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Regent Security Services Ltd v Power [2008] IRLR 66 CA (1 other report)
- Transfer of undertakings: Employee could enforce beneficial variation connected with TUPE transfer
  
  Date:
  
  29 January 2008
  
  In Regent Security Services Ltd v Power [2007] EWCA Civ 1188 CA, the Court of Appeal held that an employee transferred under the 1981 TUPE Regulations could choose to enforce new, more beneficial terms agreed with the transferee, even where the variation was connected with the transfer.
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Secretary of State for Trade and Industry v Slater and others [2007] IRLR 928 EAT (0 other reports)
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Transport & General Workers Union v (1) Swissport (UK) Ltd in Administration (2) Aer Lingus EAT/0603/06 (0 other reports)
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Vision Information Services (UK) Ltd v Coutinho EAT/0466/06 & EAT/0627/06 (0 other reports)
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Wain & Ors v Guernsey Ship Management Ltd [2007] EWCA Civ 294 CA (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

TUPE: TUPE may apply to transfer of business to Israel

Transfer of undertakings: TUPE confers no additional rights on employees

TUPE: Share transfers

New ISG Ltd v Vernon and others

Transfer of undertakings: Employee could enforce beneficial variation connected with TUPE transfer

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