The European Court of Justice (“ECJ”) has held that an employment contract of a transferring worker may be split between more than one transferee in proportion to the tasks performed by the worker. The Facts In the case of ISS Facility Services NV v Sonia Govaerts, Atalian NV, formerly Euroclean Read more…
An Employment Tribunal has held that the Transfer of Undertakings (Protection of Employment) Regulations 2006, (“TUPE”) apply to ‘workers’ as well as ‘employees’. Whilst Employment Tribunal decisions are not a legally binding precedent, in the event that this decision is to be found to be correct by a higher court, Read more…
Before the concept of “service provision changes” was introduced into TUPE in 2006, the case law had developed over many years in relation to “traditional” business transfers. This included consideration of tricky issues such as whether a temporary cessation of the business is sufficient to prevent TUPE applying and whether Read more…
A ‘carve-out’ transaction involves an integrated business division of a company being identified, separated and then transferred to a third party. By selling off this business division, a company can focus its attention on its core growth areas, or simply dispose of an asset that is no longer considered to Read more…
The last few months have seen some interesting cases as the law in relation to TUPE, and in particular service provision changes, continues to develop. Hot off the press is the case of Jinks v London Borough of Havering where the EAT considered how TUPE applies to service provision changes Read more…
The EAT has upheld an employment tribunal’s decision that a relocation of three and a half miles following a TUPE transfer was not a substantial change to bus drivers’ working conditions to their material detriment. The employees were therefore not entitled to claim that they had been constructively dismissed or Read more…
Changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE) came into force on 31 January 2014. Key changes include the following: Transferees may carry out pre-transfer collective redundancy consultation. The rules on changes to terms and conditions and dismissals have been redrafted to bring the Read more…
The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 came into force on 31 January 2014 following a lengthy Government consultation. These Regulations have sought to simplify, clarify and reform the TUPE Regulations; the first major change since 2006. I previously blogged on these changes last Read more…
The Government has published its proposals for reform of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). The big news is that the Government has decided not to scrap the service provision change (SPC) rules. Instead, there is a relatively minor (and arguably unnecessary) amendment to reflect case law Read more…
In Alemo-Herron and others v Parkwood Leisure Ltd the European Court of Justice (ECJ) has held that the Acquired Rights Directive precludes UK courts from adopting a “dynamic” rather than a “static” interpretation of TUPE. What this means is that where transferring employees’ contracts provide that their terms are to Read more…