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Sarah King Employment Solicitor

Employers Contracts

Employee on long term sick leave did not transfer under TUPE

The Claimant was employed by BTMS Limited as a field operations engineer. His team had its own separate and dedicated structure within the company and its own costs centres. In 2006, the claimant went on long term sick leave and became permanently incapacitated without any prospect of returning to work. He was allowed to remain […]

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Employers Contracts

Failure to provide employee liability information under TUPE

An employment tribunal has ordered a transferee to pay compensation of £65,500, representing £500 for each of 131 employees, to a transferor for failure to provide employee liability information in breach of regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 in the case of Eville & Jones (UK) Ltd v Grants […]

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Employers Contracts

TUPE for small employers

The last of the changes made by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (SI 2014/16) came into force on 31 July 2014. The new regulation 13A of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) now provides that employers with fewer than ten employees may directly […]

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Employers Contracts

TUPE and Share transfers

It is common ground that TUPE does not apply to share transfers, or so you thought.  The recent EAT case of Jackson Lloyd Ltd and Mears Group Plc v Smith shows that matters may not be so straight forward. In this case, the Mears Group rescued the ailing business of Jackson Lloyd and acquired its […]

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Employers Contracts

Changing terms and conditions after TUPE

In a case decided under the 2006 TUPE Regulations, the Court of Appeal in Hazel v The Manchester College have upheld a tribunal’s decision that two employees were automatically unfairly dismissed. There was a TUPE transfer and the two employees were dismissed for failing to agree to new terms which included a pay cut. Whilst […]

changing employment contracts / changing terms and conditions / employment contract drafting / employment contracts / ETO reasons / TUPE / TUPE Regulations 2006
Employers Contracts

TUPE Guidance from BIS

In what seems to be the main story this month, BIS has now published its revised guidance on the TUPE Regulations 2014. In a rather snappy title, you can read more in the Employment rights on the transfer of an undertaking: a guide to the 2006 TUPE Regulations (as amended by the Collective Redundancies and […]

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Employers Contracts

TUPE 2014

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 have now been laid before Parliament and as previously reported will come into force on 31 January 2014.   The final form of the regulations has a couple of key changes from the draft regulations which were published on 31 October 2013. These changes […]

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Employers Contracts

TUPE Regulations 2014

The much blogged about (not least of all by me) TUPE Regulations will come into force on 31st January 2014 and will therefore be laid before Parliament this month. Those in the habit of sales of businesses and acquisitions in what ever industry should brush up on the changes.

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Employers Contracts

TUPE regulations published

Further to my earlier blogs, the draft Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013 have been published.  They will be laid before Parliament in December and are expected to come into force in the New Year and will mostly affect transfers after this date. There are some transitional provisions relating to […]

changing terms and conditions / service provision changeover / settlement agreement solicitor oundle / settlement agreement solicitor thrapston / TUPE / TUPe regulations
Employers Contracts

TUPE or not TUPE

I am not sure I will ever tire of that joke! The results of the review into TUPE have been published by the Government.  There are no draft regulations as yet but the changes are expected to come into force early next year as recently highlighted in my blog. Contrary to the media speculation, the […]

change of employer / changes to contracts of employment / service provision changeover / TUPE 2014 / TUPe regulations / TUPE solicitor Kettering / TUPE solicitor Northampton / TUPE solicitor Thrapston

(Our news section brings you the latest news on published judgments and cases which are all in the public domain. We only comment on these published cases and not cases of our actual clients. Publication of the case or comments is a public service designed to make the courts and tribunals more accessible and ensures justice is seen to be done. This is why court and tribunal judgments are published publicly.)