Employment Appeal Tribunal - November 2012
The EAT was called to rule on whether a condition in Tupe Regulation 3 was met in a case involving a change-over in contractor. To be covered by the…
Court of Appeal - November 2012
Following a restructuring, it was agreed that the claimant’s employment would transfer to another employer – but that company was subsequently put in to the hands…
The Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly referred to as Tupe, originate from the European acquired rights directive. The regulations were recently updated…
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (Tupe) impose obligations on both the transferor and transferee to consult over the likely implications of transfer. Employees…
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (Tupe) employers engaged in the transfer of a business or a change of contractor are required to provide information…
Advocate General (CJEU) - March 2013
The UK, in a case concerning the correct interpretation of the Tupe regulations, asked the Court of Justice of the European Union (CJEU) whether the European…
Employment Appeal Tribunal - June 2013
An internal appeal of an employee against dismissal for misconduct was unresolved when her employer's business was transferred to a new owner. The employee…
Court of Justice of the European Union - July 2013
The employees in this case had contractual terms governed by collective agreements, negotiated at a national level. The employees transferred…
