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The precise date of a TUPE transfer can be important for determining an employee’s right to claim unfair dismissal and against which party, but the date may not be obvious where the transfer involves a series of transactions over a period of time, all the more so where part of the operations are based outside … Read more
The last month has seen two important Court of Appeal decisions for multinational employers with European Works Councils. The first is relevant to employers with European Works Councils established in the UK pre-Brexit, due to the central management being situated in the UK. The Court of Appeal ruling in easyJet plc v easyJet European Works … Read more
The Government has now published further details of the proposed reforms to employment law announced in its policy paper on 10 May (see our post here). Non-competes The response to the 2020 consultation here confirms the following: the proposed statutory limit of 3 months will be applied to non-compete clauses only, and not other types … Read more
Update: On 12 May the Government published consultation documents including further details of the proposed reforms – see our post here. The Secretary of State for the Department for Business and Trade, Kemi Badenoch MP, has today issued a written statement announcing that the Government will replace the current sunset in the Retained EU Law … Read more
Update 25 May: the Neonatal Care (Leave and Pay) Bill, Carer’s Leave Bill and Protection from Redundancy (Pregnancy and Family Leave) Bill have now received Royal Assent. The Acts require regulations (yet to be drafted) to bring the new rights into force and so are unlikely to be commenced before 2024. See our blog post … Read more
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
