Dramatic overhaul of TUPE proposed

Employers will welcome the proposals for new, less burdensome rules relating to staff on a transfer of business, due to become effective mid-January 2014. The measures are currently only proposals, but we report on them now because they are potentially… 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

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