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TUPE

33 published works

  1. Pannone Corporate News and Opinion

    HR Update: employment status, holiday pay, and a startling ECJ decision on TUPE

    By Jack Harrington

    What’s New? This month we look at new ACAS guidance on handling redundancies, guidance for employers who have over (or under) claimed under the Coronavirus Job Retention Scheme and ongoing…

  2. Employment Law Worldview

    And now for something completely different – EU abuse principles sink self-serving contract variation

    By David Whincup

    Quite a fun little case on TUPE this week, if you like that sort of thing (and on the upside, even if you don't, at least it has nothing to…

  3. Employer Perspectives

    Workers are covered by Transfer Regulations

    By Nicholas Robertson

    A case was decided this week in the London Central Employment Tribunal (Dewhurst v Revisecatch) which has dramatic ramifications for employers. The Tribunal's decision is that, where there is a…

  4. Restructuring Globalview

    A TUPE sting in the tail – Project Viva Limited (In Administration)

    By Squire Patton Boggs

    An employment tribunal has recently confirmed that employees who have been unfairly dismissed from an insolvent employer can bring an action against a connected successor company. The tribunal held that there was a…

  5. Employment Law Worldview

    A kiss is just a kiss, a sigh is just a sigh; the fundamental things apply, as time goes by, says EAT

    By David Whincup

    What a remarkably prescient little message from the late Louis Armstrong to all those employers on the receiving end of a service provision change under TUPE.  Regulation 3 of TUPE…

  6. Employee Benefits Blog

    German Employment Law Update: Higher Labour Court Düsseldorf Finds Belated Right to Object to Employment Transfer

    By Bettina Holzberger, Dr. Sandra Urban-Crell

    The Higher Labour Court in Düsseldorf ruled on October 14, 2015, that even after the statutory one-month objection period in Section 613a(6) of the German Civil Code has expired, employees…

  7. Employment Law Worldview

    Helpful guidance on TUPE’s treatment of long-term sick employees

    By David Whincup

    In almost every TUPE transfer, whether a business sale or a service provision change (SPC), you come eventually to the chap receiving permanent health insurance benefits.  The transferor has no…

  8. Employment Law Worldview

    Assignment to transferred service provision not for client to decide, says UK’s Employment Appeal Tribunal

    By David Whincup

    When a client asks you to take one of your staff off its account, you will tend to jump to it – the client is always right, even when it’s…

  9. Employment Law Watch

    UK update – TUPE service provision changes become more complex with the potential involvement of multiple clients and contracts

    By Michael D. Smith

    In Ottimo Property Services Ltd -v- Duncan and another, the Employment Appeal Tribunal has decided that, where several different clients change service provider at or around the same time, each…

  10. Global Workplace Insider

    More changes to UK law – the transfer of undertakings legislation.

    By Amanda Sanders (UK)

    The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 come into force in the UK on 31 January 2014.  These 2014 Regulations amend TUPE (which implements…