When does TUPE apply?
Transfer of Undertakings (Protection of Employment) regulations, commonly referred to as TUPE regulations, are the rules that provide employees with protections when their employment is transferred to a new employer. While complex, they form an important part of an employee’s… 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
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
£65,500 penalty under TUPE
A tribunal has ordered a vet service to pay penalty compensation of £500 for each of its 131 employees on losing its contract with the Food Standards Agency. In the case of Eville & Jones v. Grants Veterinary Services,… Read on
Clarity on TUPE service provision rules where client changes
Can TUPE apply when there is a change of client before and after the transfer? The recent Employment Appeal Tribunal (‘EAT’) decision in Horizon Security Services Limited v Ndeze has endorsed the principle that there is no service provision change… Read on
Seller liable for buyer’s failure under TUPE transfer
The Employment Appeal Tribunal in Allen and others v Morrisons Facilities Ltd June 2014, has confirmed that employees affected by the proposed transfer of business have no right to sue the proposed buyer direct for the buyer’s failure to provide… Read on