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The Government has laid the Retained EU Law (Revocation and Reform) Bill in Parliament. This could theoretically lead to significant changes in key areas of employment law discussed below, although the government’s plans in this regard remain unknown and therefore there is little employers can do to prepare at the moment. In order to avoid … Read more
In our latest podcast we are joined by Tim Leaver, Partner and Dave Palmer, Senior Associate in our Employment team, who are discussing TUPE and why Real Estate sector clients need to consider this in their transactions. The conversation includes: What is TUPE; under what circumstances does it apply and what are the pitfalls in … Read more
In McTear Contracts v Bennett and others, the EAT has ruled that the ECJ’s decision in Govaerts concerning business transfers (see our blog post here) should also apply to service provision changes (SPCs) covered by TUPE: where a service contract is split on re-tendering to more than one transferee, employees engaged in the service could … Read more
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
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
