Key points TUPE preserves the right to bring an equal pay claim after the transfer. Claims arising from the employment up to the date of the transfer must be brought within six months of the transfer. Transferees' overall exposure to equal pay c
More...07 October 2009 15:39Breach of contract claim
More...07 October 2009 15:34Longer journey amounted to a detriment under TUPE 2006
More...07 October 2009 15:29 OCS Group UK Limited v Jones and another
Facts
Mrs S Jones was employed as a chef supervisor by OCS Group. She worked on OCS's catering contract at the BMW car plant at Cowley. Under the contract, OCS provided a restaurant and deli bar, su
More...02 October 2009 17:17 Tapere v South London and Maudsley NHS Trust
Facts
Ms C Tapere was employed as a member of the procurement team by Lewisham Primary Care Trust (the PCT). Her contractual place of work was at Burgess Park, Camberwell, in south London, and he
More...15 September 2009 15:09 Further light was shed on what TUPE regulations really mean by a substantial change in working conditions in a recent case that arose after a hospital trust worker's commute increased when she transferred to another trust.
Ms C Tapere brought the c
More...09 September 2009 15:00 HR news and analysis, including: Latest youth unemployment figures and what employers are doing to remedy the situation Court of Appeal ruling on the status of TUPE in pre-pack administration Depersonalisation of CVs Presenter Tara Cra
More...14 August 2009 15:33 A former prison officer has claimed she was bullied at work because of her good looks, and is seeking compensation from the government, according to a report in the Telegraph . Amitjo Kajla is seeking a ruling for constructive unfair dismissal afte
More...16 July 2009 11:07 HR professionals managing staff in a business that is heading for insolvency are likely to have been through the mill already. Attempts will probably have been made to steer the organisation on to a firmer financial footing - through redundancies o
More...07 July 2009 16:20 Private sector businesses are being put off bidding for public sector contracts when they involve the transfer of staff because of the associated costs involved, a business group has warned.
The CBI said firms have to pay anything between 25-50% of
More...17 June 2009 13:03 Rank Nemo (DMS) Ltd and others v Coutinho
Facts
Lance Coutinho is a British Asian who was employed as an IT specialist by Vision Information Services. In 2004, Vision's business was transferred to a subsidiary of the Rank Organisation, now
More...10 June 2009 11:00 Q My company has recently acquired a new business and 50 of its employees transferred to us under the Transfer of Undertakings (Protection of Employment) Regulations. We want to put these employees on our standard employment contracts. What are the issu
More...28 May 2009 10:53 HR managers may be best placed to handle key aspects of staff transfers under TUPE. Imagine being told by your board that 23 unwanted, unhappy employees will be landing on your payroll shortly. You are told to absorb them with no fuss. 'Oh, and by th
More...16 April 2009 11:50 Clearsprings Management Ltd v Ankers and others Introduction This case, and the earlier case of Kimberley , raise essential issues for service providers, who would expect TUPE (Transfer of Undertakings (Protection of Employment)) to
More...13 April 2009 15:00In the second of our two-part special looking at the new employment law which comes into force in April, we focus on one of the most significant changes: the repeal of the statutory dispute resolution procedures.
More...03 April 2009 10:58 The government u-turn on 'regulatory budgets' - intended to limit the cost of regulation - has caused outrage among business groups.
Business secretary Peter Mandelson announced yesterday the government had decided not to implement a system of regul
More...03 April 2009 09:21It's time for the latest round of springtime legislation updates. We run through the key legal changes you need to be aware of - from the new Acas code, to increases in sick pay, maternity pay and statutory holiday.
More...25 March 2009 11:03 HR career development will take a back seat in the coming year as companies look to improve sales and customer service skills, a survey has claimed. A poll of 326 senior executives by professional services firm Deloitte, Managing talent in a turbule
More...24 March 2009 12:26 Employees of a North West legal firm who refused to transfer to a new employer on the grounds that their working conditions would have changed substantially have won their case.
The recent ruling was made in the case of Barnetts Solicitors v Royd
More...24 March 2009 11:00Twenty-eight years after its birth, TUPE still raises thorny questions. Its complexity is evidenced by the number of groundbreaking tribunal cases which have come to the fore recently, many of which could have far-reaching ramifications at a time of economic instability
More...09 March 2009 12:21