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.
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.
In North Wales Training and Enterprise Council Ltd v Astley and others [2006] UKHL 29, the House of Lords holds that despite the intentions of the parties concerned, seconded employees were transferred to the new undertaking on the date when employer responsibility for carrying on the business transferred.
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.
Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.