The EAT has ruled that a variation to an employment contract will be invalid where the sole or principal reason for the variation is the transfer, even if the change is to the employee’s benefit. The ruling will be welcome news for clients and incoming contractors on a service provision change, as it will render … Read more
In ISS Facility Services NV v Govaerts, the ECJ has ruled that where a cleaning business was transferred to two transferees, the employment contract of an employee working for the whole transferring business was transferred and split between the transferees, as two part-time contracts, in proportion to the tasks performed by the employee (by economic value … Read more
An employment tribunal has ruled that ‘workers’, ie those who are not employed or self-employed but work under a contract personally to do work, qualify for protection under the Transfer of Undertakings (Protection of Employment) Regulations 2006. TUPE implements the EU Acquired Rights Directive, which provides for the transfer of rights and obligations arising from … Read more
Employers should resist the temptation to use the occasion of a TUPE transfer to dismiss employees (with two years’ service and so eligible to claim unfair dismissal) with whom there is an ongoing performance or misconduct issue, as this is likely to be automatically unfair. The Court of Appeal has confirmed that an employee may … Read more
The Court of Appeal has confirmed that an employee may be automatically unfairly dismissed by reason of a TUPE transfer even if the employer has some other, personal reason to dismiss but has chosen to act on it because of the transfer. In Hare Wines v Kaur, the claimant had for some time had a … Read more
This month in our comparative table here, we consider the legal obligations on employers considering a transfer of business/undertaking, focussing on the position in China, Indonesia and Thailand. Read more
This month in our comparative table here, we consider the legal obligations on employers considering a transfer of business/undertaking, focussing on the position in Singapore, Hong Kong and Japan. Read more
On 21 September 2018, the Minister of Labour announced the National Legislative Assembly’s (“NLA“) in principle approval of the draft amendment (“Draft Amendment“) to the Labour Protection Act B.E. 2541 (1998) (“Act“). Key changes and implications for employers are discussed below. Read more
HMRC has issued an update confirming that, with effect from 2 July 2018, where there has been a TUPE transfer of employees, all national minimum wage liabilities, including the full penalty amount, will now be enforced against the transferee employer, including penalties triggered by pre-transfer arrears. This highlights the importance of transferees obtaining an indemnity … Read more
