New type of owner/employment contract announced

George Osborne, the Chancellor of the Exchequer, has announced a new type of employment contract under which employees will be able to give up some of their employment rights in return for shares in the company. The proposal, which is… Read on

TUPE does not apply to directors

The Appeal Tribunal has recently decided that the directors of a charity did not transfer under TUPE when the service was taken in-house by the local authority, even though the local authority had been the charity’s only client. Before the… Read on

Residential to own-home care: TUPE does not apply

When Hillside House, a residential care home for vulnerable adults was closed, and residents re-housed into their own homes, 12 of Hillside’s former care workers brought Employment Tribunal claims for unfair dismissal and various salary related payments. The Employment Appeal… Read on

Getting a business ready for sale: Unfair dismissal

The Employment Appeal Tribunal has confirmed that it will be unlawful to dismiss an employee simply to make a business more attractive for a purchaser, even when no purchaser has been identified. In this case, Spaceright Europe Ltd had dismissed… Read on

Pre-Pack administrations: TUPE applies

The Appeal Tribunal has confirmed that employees will transfer under TUPE in pre-pack administrations. This had been called into question not so long ago by the same court (Oakland v Wellswood (Yorkshire) Ltd). In pre-pack administrations, the asset… Read on

Buying or selling a business – Don’t forget consultation

Employers hate the detailed information and consultation requirements which need to be followed when a business sale or purchase involves staff transferring under TUPE. This is usually because of the unsettling effect it can have on staff, particularly when the… Read on

What is collective consultation?

Collective Consultation is a process under which employers have to consult staff representatives as opposed to consulting with them individually. However, staff may need to be consulted individually as well, depending on the circumstances. Consultation is important in a wide… Read on

What is an ‘ETO’ reason?

An ‘ETO’ reason is an ‘economic, technical or organisational reason’ to make staff changes, or changes to terms and conditions, following a TUPE transfer. Staff who are dismissed for a reason that is directly related to a TUPE transfer will… Read on

What does TUPE mean?

TUPE stands for ‘Transfer of Undertakings (Protection of Employment) Regulations 2006’. These are a set of rules that are designed to protect the employment rights of staff when the organisation they are working in is sold or transferred to someone… Read on