TUPE

France: Important new decision in relation to the automatic transfer of employees

The French Supreme Court has recently issued an important new decision relating to the automatic transfer of employees in the case of asset transfers (the equivalent of the TUPE relations). In this decision the Supreme Court held that the transfer … Continue reading

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Filed under Jurisdiction: France, TUPE

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

UK: TUPE can apply to part of service split along functional lines

The EAT has confirmed that, where a service being provided by a transferor is split along functional lines, with two separate activities carried out by two organised groupings of employees, it is possible for there to be a service provision … Continue reading

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Filed under Jurisdiction: UK, TUPE

UK: Employees on long-term sick leave are not ‘assigned’ for TUPE transfer if absence is permanent

Case law has established that temporary absence from work, for example on sick leave or family-related leave, does not prevent an individual being 'assigned' to a grouping of employees and therefore transferring with that grouping where there is a service … Continue reading

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Filed under Jurisdiction: UK, TUPE

UK: TUPE: employee suspended by contractor following client request for removal may still be assigned to contract

Businesses that outsource services may wish to retain the right to oblige a service-provider to remove a particular employee from working on that contract. The recent case of Jakowlew v Nestor Primecare illustrates that an employee will remain assigned to … Continue reading

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Filed under Jurisdiction: UK, TUPE

UK: TUPE transferee’s duty to agree reasonable adjustments to role offered pre-transfer

Where a disabled employee of the transferor will be redundant on transfer due to relocation, the transferee should indicate a willingness to make reasonable adjustments to any suitable alternative role offered pre transfer. If the transferee states that it will … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, TUPE

Updated HSF multi-jurisdictional guide to employee issues in business transfers

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

UK: TUPE – SPC despite service being provided to more than one client

The EAT has ruled that there can theoretically be a change of service provider covered by TUPE even where the service is provided to more than one client under more than one contract, provided the clients are a group with … Continue reading

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Filed under Jurisdiction: UK, TUPE

France: Transfer of employees between group companies – an update

1.    Previous practice Previously, transferring French employees to another group company (whether in France or overseas) with their consent was a fairly simple process, involving a simple tri-partite agreement between the employee, the existing group company in France and the … Continue reading

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Filed under Jurisdiction: France, TUPE

UK: TUPE – impact of transfer on time limit for harassment claim

A transferee may face claims for pre-transfer harassment lodged more than three months after the transfer where the perpetrator continues to harass post-transfer, even where the perpetrator does not transfer to the transferee (but continues to have a working relationship … Continue reading

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Filed under Jurisdiction: UK, TUPE