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- Type:
- Employment law cases
Twenty-eight years after its birth, TUPE still raises thorny questions. Its complexity is evidenced by the number of groundbreaking tribunal cases which have come to the fore recently, many of which could have far-reaching ramifications at a time of economic instability, writes Lesley Murphy.
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- Date:
- 16 September 2008
- Type:
- Employment law cases
In Capita Health Solutions v McLean and another [2008] IRLR 595, the EAT held that an employee's objection to becoming employed by the transferee did not have the effect of preventing the transfer of her contract of employment, as she had undertaken work for the transferee after the transfer date.
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- Date:
- 11 August 2008
- Type:
- Employment law cases
In Kimberley Group Housing Ltd v Hambley and others; Angel Services (UK) Ltd v Hambley and others EAT/0488/07 & EAT/0489/07, the EAT overturned an employment tribunal decision to split liability for employment contracts in proportion to the split in activities after a service provision change.
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- Type:
- FAQs
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- Type:
- FAQs
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- Date:
- 14 April 2008
- Type:
- Employment law cases
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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- Date:
- 29 January 2008
- Type:
- Employment law cases
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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- Date:
- 11 January 2008
- Type:
- Employment law cases
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the TUPE Regulations to the effect that a transferred contract of employment will have effect after the transfer as if originally made between the employee and the transferee could not be construed so as to give the employee a contractual benefit to which she had not been entitled under her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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- Date:
- 23 November 2007
- Type:
- Employment law cases
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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- Date:
- 11 July 2007
- Type:
- Employment law cases
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.