How long must my employer consult with me on a TUPE transfer?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 or “TUPE” protects employees when the business in which they work is sold or the services in which they work are outsourced, in-sourced or carried out by a new contractor. The… Read on
Can my new employer change my terms and conditions after a TUPE transfer?
Where an employee’s employment has transferred to a new employer under TUPE, the employer will be able to make contractual changes if it has an ETO reason for doing so. However, changes imposed simply because the employer wishes to harmonise… Read on
Reminder to employers that TUPE can apply to a share sale
The High Court in has recently confirmed that the Transfer of Undertakings (Protection of Employment) Regulations 2013 (TUPE) do not apply to a mere share sale. But this case has brought to our attention to a reminder that this will… Read on
The company I work for is being taken over. What are my rights?
As an employee, it can be very unsettling when the company you work for is part of a take-over. But what should you do if your company is involved in a change of ownership, and your employment will potentially be… Read on
TUPE: service provision change of all activities not needed
Bolton NHS wanted to outsource its drugs and alcohol service. To do this they split it into two functions; case management and delivery of interventions. Different companies were given the contracts to provide the separate services. Did TUPE apply? Background… Read on
Early conciliation: adding new respondents
When a Claimant has issued against a particular Respondent, and wishes to change his/her mind about the Respondent after the early conciliation process has finished, do separate early conciliation forms need to be filled in? Background In this case, the… Read on
TUPE: temporary lay-off
Could employees who had been laid off before a service provision change took place still claim the protection of TUPE? Yes they can, in certain circumstances, says the EAT in a recent decision. Background In this case a painting and… Read on
TUPE: does it apply to permanently incapacitated employees?
The Employment Appeal Tribunal has held that employees who are permanently incapacitated should be distinguished from employees who may return to work and that TUPE does not apply to those permanently incapacitated. Background The Transfer of Undertakings (Protection of Employment)… Read on
Single employee an organised grouping for TUPE
A rare Court of Appeal decision on service provision changes in TUPE. Background Ms Rhijnsburger, the claimant in this case, was employed by Drivers Jonas Deloitte, and had been deliberately allocated to look after the management of a portfolio of… Read on
TUPE transfers and internal appeals against dismissal
What happens when an employee is dismissed, there is a TUPE transfer, and the appeal is heard by the new employer but the employee is not told the outcome was successful? In the case of Salmon v Castlebeck Care and … Read on