TUPE

New and updated

• Type:

  FAQs

  What happens to the balance of an employee's accrued annual leave when they transfer in a TUPE situation?

• Type:

  FAQs

  If a TUPE transfer results in redundancies, which employer is responsible for the redundancy process and payments?

• Type:

  Employment law cases

  Case round-up

  James Buckley, Iain Naylor, Chris McAvoy and Lucy Sorell are associates and Mona Jackson is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Employment law cases

  Can less generous TUPE terms and conditions for older workers be justified?

  The Employment Appeal Tribunal upheld an employment tribunal decision that a requirement for older employees to accept less generous terms and conditions of employment, as a condition of their employment continuing, could be justified.

• Type:

  Employment law cases

  TUPE service provision change: tribunal's reasoning flawed on assigning manager to organised grouping of employees

  In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) found that an employment tribunal's judgment was flawed when it held that an employee of a transferor was assigned to the organised group of employees that were reassigned to the transferee on a service provision change.

• Type:

  Employment law cases

  TUPE transfers: transferor ordered to pay £65,500 for failing to notify transferee of unpaid salary claims

  The employment tribunal held in this case that, on a transfer under the TUPE Regulations, the transferor was liable to pay compensation for failing to inform the transferee that it would inherit claims from its employees for unpaid salary.

• Type:

  Employment law cases

  Case round-up

  David Malamatenios is partner, Linda Quinn, Colin Makin and Krishna Santra are senior associates, and Dominic Speedie is an associate at Colman Coyle Solicitors. They round up the latest rulings.

• Type:

  Employment law cases

  TUPE: Administrator did not dismiss employees to facilitate sale

  In Kavanagh and others v Crystal Palace FC Ltd and another [2014] IRLR 139 CA, the Court of Appeal held that the EAT had been wrong to interfere with an employment tribunal's judgment that an administrator had dismissed employees for an "ETO" reason. On the facts, the dismissals had been effected in order to enable the company to continue to trade and avoid liquidation.

• Type:

  Employment law cases

  Case round-up

  Amanda Steadman is a professional support lawyer and Ed Gregory, Rosie Kight and Joanne Magill are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Employment law cases

  TUPE Regulations 2006: change in workforce location does not amount to ETO reason

  The Employment Appeal Tribunal has held that a requirement to work in a different location following a TUPE transfer does not amount to a change in the workforce and is not, therefore, an economic, technical or organisational reason entailing changes in the workforce within the meaning of reg.7(2) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).