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


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