Some recent examples of our work

TUPE regulations in outsourcing transactions

The employment team has helped a number of clients understand TUPE in the context of outsourced services. This includes providing advice to an IT company on the application of TUPE between sub-contractors and to a major logistics company on whether employees in a group structure were assigned to a TUPE transfer.

We have advised third sector organisations on first and second generation TUPE transfers. This has involved guiding the client through all aspects of the consultation process with staff, negotiating the terms of the commercial contract and providing advice on the application of the Two Tier Workforce Code in relations with local authorities and the NHS.

Industrial relations

A client who wished to modernise its relations with a trade union asked us to provide advice on the legal aspects of trade union de-recognition, and, its information and consultation obligations. We drafted a new recognition agreement, and following negotiations with the union, the new agreement was implemented successfully.

Defending an employer’s right to dismiss

We recently won an appeal in the Employment Appeal Tribunal for an organisation that was found to have unfairly dismissed an employee for misconduct. The tribunal tried to suggest that only a warning should have been given, but this did not take proper account of the reasons why the employer felt dismissal was justified.

We stood by the employer’s decision to establish on appeal that the tribunal had been mistaken. The dismissal was declared fair by the EAT.

Advice on changing terms and conditions

We have advised a number of clients on cost saving schemes, including changing hours and pay, lay-off and short time working, sabbaticals, bonus schemes and redundancy exercises of all sizes.