TUPE Archives - Goldenleaver
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The baring of teeth in popular culture (for Halloween, the dental work in Real Wives of Orange County and by media vampires) has recently been reflected in commercial and judicial culture too. How?  By an Employment Tribunal ordering a transferor to pay £65,500 to a transferee as compensation for the transferor having failed to provide Employee Liability Information. Is it significant?  Yes, because providing Employee Liability Information at least 28 (previously 14) days before a TUPE transfer takes place has long been regarded by...

If I'd been given £1 each time a client had asked me "what are my chances?" in bringing or defending a claim or in adopting a particular strategy, I wouldn't be writing this now; I would be rich enough to have retired.  But I wasn't and I haven't. The reason is that most lawyers are programmed not to take chances and not to speculate, other than on the most unusual occasions (and then with a disclaimer, or even an indemnity). Imagine my...

Buses often come in threes. The same principle now seems to apply to TUPE cases. Here are some recent examples of TUPE in triplicate, to ease you from late Summer into early Autumn. TUPE: can you resign and successfully claim constructive dismissal, or that you have been dismissed, if your travelling time increases after a TUPE transfer? "It depends" is the answer. It's a "yes" if you rely on the 2012 case of Musse v. Abellio, when a relocation of 6 miles (Westbourne Park...

Can you hear fanfares of trumpets? You should. Because starting today, 31 July 2014, employers with fewer than 10 employees (i.e. employers with 1 to 9 employees, but not employers who have 10 or more employees) no longer have to invite those employees who are affected by a TUPE transfer to elect representatives with whom to inform and consult about that transfer. Instead, you can inform, consult and deal directly with those employees, without the risk of paying up to 13 weeks'...

At the time of giving my talk, there was a hope that changes would be proposed to TUPE to make it more flexible and commercial, in particular to enable an employer, taking on new employees following a transfer, to harmonise the terms and conditions which pre-2014 changes, was not permitted. Fast forward to 2014 and The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2013 will come into force on 31st January 2014. But will the changes make a difference? Will...

It was reported on 7 January 2014 that the HR Director of Goodyear was one of 2 executives who were taken hostage in France by a disgruntled workforce, which barricaded them in a room by using a (Goodyear?) tractor tyre. The price of the executives' release was either a promise not to close the workplace, or the payment of substantial financial compensation. Neither that promise nor financial compensation was forthcoming, so the executives remained in situ and were allowed only...

In coming to power the Coalition Government had set out clearly that they wished to review employment law to maximise flexibility and to ensure a competitive edge, in short, there was a very real appetite to reduce red tape in this area as it was perceived as 'choking' growth. At the end of 2011, the Department of Business, Innovation & Skills called for comment on the TUPE and redundancy consultation processes because, 'Employers have said during the Employment Law Review that the...

On 14 September 2012 the UK Government published the results of two recent calls for evidence (i.e. requests for comments from stakeholders about what to do next).  The first covers the proposal that there be compensated no-fault dismissals (which will now be abandoned).  The second covers the effectiveness of TUPE 2006 (which the Government is thinking about and will put forward for consultation shortly).  The main thrust of the TUPE consultation is to consider whether the "service provision change" element...