Archive for the 'transfer of undertakings' Category

CLECE SA v Martín Valor and another – WLR Daily

CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12

“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”

WLR Daily, 24th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Government rethinks TUPE stance – Law Society’s Gazette

“The coalition government has scrapped plans to reform controversial employment regulations in an apparent U-turn by the Conservatives, it has emerged.”

Full story

Law Society’s Gazette, 18th November 2010

Source: www.lawgazette.co.uk

Employment Appeal Tribunal issues TUPE judgment on contract wins – Law Society’s Gazette

“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ‘much-needed clarification’ on the issue, experts have said.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

Law Society TUPE action reaches the High Court – Law Society’s Gazette

“The Law Society’s legal action against the Office for Legal Complaints and the government to determine whether employment protection rules apply to staff at the Legal Complaints Service was heard in the High Court last week.”

Full story

Law Society’s Gazette, 25th February 2010

Source: www.lawgazette.co.uk

Alemo-Herron and Others v Parkwood Leisure Ltd – Times Law Reports

Alemo-Herron and Others v Parkwood Leisure Ltd

Court of Appeal

“After a competitive transfer to the private sector of local authority services, and thence to further private-sector employment, the second private employers were not bound by a collective pay settlement agreed between the local authority and trade unions.”

The Times, 15th February 2010

Source: www.timesonline.co.uk

Alemo-Herron and others v Parkwood Leisure Ltd – WLR Daily

Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16

“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”

WLR Daily, 1st February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

TUPE ruling could lead to more successful unfair dismissal claims – OUT-LAW.com

“More people could resign and claim compensation for unfair dismissal if their company is taken over by another firm whose offices are further away following an Employment Appeals Tribunal (EAT) ruling, an employment law expert has said.”

Full story

OUT-LAW.com, 26th August 2009

Source: www.out-law.com

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another – WLR Daily

Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and another UKEAT/286/08; [2009] WLR (D) 217

“The introduction in the Transfer of Undertakings (Protection of Employment) Regulations 2006 of the concept of a transfer of undertakings by ‘service provision change’ was intended to alleviate the difficulties created by the need in the 1981 Regulations to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee, by including in the definition of a transfer of an undertaking situations falling within reg 3(1)(b), outsourcing, in-sourcing and a change in the provision of services between contractors. The introduction of reg 3(1)(b) enabled a transfer to be established in any of the three situations if the activities previously carried out by client or contractor had ceased to be so carried out were instead carried out by the contractor or a new contractor or by the client.”

WLR Daily, 30th June 2009

Soource: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

EAT adopts ‘pragmatic’ approach to service provider TUPE transfers – OUT-LAW.com

“Employees have the same rights when a company changes service provider as when work is outsourced in the first place even if the new service is not identical to the old, the Employment Appeals Tribunal has ruled.”

Full story

OUT-LAW.com, 29th June 2009

Source: www.out-law.com

Businesses are not always free to change lawyers, rules tribunal – OUT-LAW.com

“Companies may begin to use complex commercial services contracts when engaging law firms after a case underlined the rights of workers whose jobs are transferred to another firm.”

Full story

OUT-LAW.com, 25th March 2009

Source: www.out-law.com

Law firm staff win landmark TUPE claim – Law Society’s Gazette

“Firms winning legal service contracts from competitors could face a ‘landslide’ of six-figure claims for unfair dismissal if they do not take on staff on reasonable terms along with the contract, the winner of a landmark employment tribunal case said this week.”

Full story

Law Society’s Gazette, 19th March 2009

Source: www.lawgazette.co.uk

Union takes outsourcing case to Employment Tribunal – OUT-LAW.com

“A £400 million outsourcing deal between local authorities and IBM was unfair because the full details of the transfer of staff to a private company were not revealed, workers’ union Unison has said.”

Full story

OUT-LAW.com, 7th August 2008

Source: www.out-law.com

BRB (Residuary) Ltd v Connex South Eastern Ltd – WLR Daily

BRB (Residuary) Ltd v Connex South Eastern Ltd [2008] EWHC 1172 (QB); [2008] WLR (D) 177

“Where proceedings had been taken to the point of judgment against a person who had not been the correct defendant, that person might recover under the Civil Liability (Contribution) Act 1978 against the person who should have been the defendant.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ICO issues new guidance on transfer of employee information – OUT-LAW.com

“The Information Commissioner’s Office has today published new guidance to help organisations comply with the Data Protection Act when providing information about their employees under TUPE, the law that protects staff when a business is transferred.”

Full story

OUT-LAW.com, 4th June 2008

Source: www.out-law.com

Post Office compensation claim could cost millions – The Times

“Royal Mail could be forced to pay several million pounds in compensation amid accusations that it flouted employment law in its restructuring of the Post Office network.”

Full story

The Times, 6th February 2008

Source: www.timesonline.co.uk

TUPE can catch global transfers but could leave workers empty handed – OUT-LAW.com

“A law to protect workers when a business changes hands can apply to jobs transferred outside Europe, according to a recent ruling. But British workers could be left jobless and without compensation in such cases, an employment specialist has warned.”

Full story

OUT-LAW.com, 14th January 2008

Source: www.out-law.com

New ISG Ltd v Vernon and Others – Times Law Reports

New ISG Ltd v Vernon and Others

“A purposive construction should be given to regulation 4(7) of the Transfer of Undertakings (Protection of Employment) Regulations (SI 2006 No 346) so as to accord with the fundamental freedom of the employee to choose his employer.”

The Times, 12th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Transfer err – The Lawyer

“Far from improving matters for insolvent companies, the new Tupe rules have just muddied the waters. By Andrew Gregory.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com


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