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- Date:
- 15 November 1998
- Type:
- Employment law cases
Employees who are dismissed by the transferor of an undertaking, and then re-engaged by the transferee on different but agreed terms, are not entitled to retain the benefit of their previous terms of employment, holds the House of Lords in Wilson and others v St Helens Borough Council and Baxendale and Meade v British Fuels Ltd.
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- Date:
- 15 August 1997
- Type:
- Employment law cases
In (1) Wilson and others v St Helens Borough Council (2) Meade and another v British Fuels Ltd, the Court of Appeal considers the position under the Transfer of Undertakings Regulations where employees' contracts of employment are terminated on a relevant transfer and they accept employment with the transferee on less favourable terms and conditions.
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- Date:
- 1 April 1997
- Type:
- Employment law cases
The EC Business Transfers Directive does not apply to a change in the contractor providing contracted-out services, unless there is a concomitant transfer of significant tangible or intangible assets from the existing contractor to the new contractor, or the new contractor takes over a major part of the workforce (in terms of the numbers and skills of employees) assigned to the performance of the contract by its predecessor, rules the European Court of Justice in Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice and another.
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- Date:
- 15 June 1996
- Type:
- Employment law cases
An industrial tribunal was entitled to find that an employee objected to transferring to a new employer and informed his employer of that objection, holds the EAT in Hay v George Hanson (Building Contractors) Ltd.
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- Date:
- 1 May 1996
- Type:
- Employment law cases
In Wilson and others v St Helens Borough Council, the EAT holds that the Transfer of Undertakings Regulations prohibit even a consensual variation in the terms and conditions of employment of employees transferred where the transfer of the undertaking is the reason for the variation
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- Date:
- 1 January 1996
- Type:
- Employment law cases
Where the whole of an employer's business is transferred, all of its employees will normally be "assigned" to that business for the purposes of the Transfer of Undertakings Regulations, holds the EAT in Duncan Web Offset (Maidstone) Ltd v Cooper and others.
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- Date:
- 1 July 1995
- Type:
- Employment law cases
An industrial tribunal was entitled to find that fundamental changes in the nature of the business carried on in a hospital shop after it was contracted-out to a private operator had "destroyed" any identity between the latter business and its predecessor, holds the EAT in Mathieson and another v United News Shops Ltd.
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- Date:
- 1 May 1994
- Type:
- Employment law cases
The "Business Transfers" Directive covers a situation in which an employer contracts-out cleaning operations which were previously performed in-house, even though prior to the transfer the work was being done by only one employee, rules the European Court of Justice in Schmidt v Spar-und Leihkasse der früheren Ämter Bordesholm, Kiel und Cronshagen.
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- Date:
- 1 January 1989
- Type:
- Employment law cases
In Landsorganisationen i Danmark v NY Molle Kro [1989] IRLR 37 ECJ, the European Court of Justice held that the Acquired Rights Directive (EEC Directive 77/187) is applicable where, following a legal transfer or merger, there is a change in the legal or natural person who is responsible for carrying on the business and who by virtue of that fact incurs the obligations of an employer vis-a-vis employees of the undertaking, regardless of whether or not ownership of the undertaking is transferred.
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- Date:
- 4 August 1987
- Type:
- Employment law cases
In Institution of Professional Civil Servants and others v Secretary of State for Defence the High Court rejects a complaint by various trade unions that the Secretary of State had not Informed and consulted them about a proposed transfer of two dockyards to commercial management, as required by s.1 of the Dockyard Services Act 1986.