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Can restrictive covenants survive a TUPE transfer or are they TUPE’doed?
24 April 2019“To be, or not to be: that is the question.” Many will know these to be Hamlet’s words early in the eponymous play. TUPE or not TUPE (with respect to restrictive covenants) is a thought that most buyers of a business have, but often too late in the day. What do these two have in common? Potentially tragic consequences.
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Transferee not party to TUPE claim should appeal to EAT for suspension of re-engagement order
09 September 2020The Court of Session (CS) in Scotland has ruled that a transferee who had not been a party to the original Employment Tribunal (ET) claim, but had a re-engagement order made against it, could only seek the suspension of that order by appealing to the Employment Appeal Tribunal (EAT). The transferee could not apply directly to the CS to have the order suspended.
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Employees’ contracts can be split so they transfer to multiple employers on a TUPE service provision change
10 March 2021In the case of a TUPE transfer when a service is outsourced or re-tendered, the Employment Appeal Tribunal has ruled that an employee’s contract can be split so they go from working full time for one employer to working part time for two or more.
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M&A employment law support – TUPE and changes to terms
25 May 2022The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) can raise some difficult employment law issues during mergers and acquisitions. This Inbrief examines the challenge for a buyer of changing employees’ terms and conditions once the deal is done.
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Beyond borders: how TUPE differs between Great Britain and Northern Ireland
03 August 2023Over recent years, the laws governing TUPE have diverged between Great Britain and Northern Ireland. This is due to Northern Irish employment law largely remaining static, while there have been some minor, but occasionally important, amendments to TUPE in Great Britain. With changes on the horizon, further divergence between the jurisdictions is likely. Employers who are involved in TUPE transfers should be mindful of the important differences between the jurisdictions.
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Government to legislate on changes to TUPE consultation requirements and to clarify record keeping requirements
09 November 2023The government has confirmed they will proceed with planned reforms to clarify that employers do not have to record daily working hours of workers and extend the limited circumstances when employers can consult with employees directly about a proposed TUPE transfer.
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M&A employment law support: TUPE clauses in a business transfer agreement
19 January 2024If the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to a business sale, it has significant ramifications for both the buyer and seller. This Inbrief examines how the business transfer agreement can best cater for these issues.
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TUPE & the SPC Regulations in Northern Ireland
05 July 2024The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) safeguard employee rights in the transfer of a business. In Northern Ireland, alongside TUPE, separate local legislation applies specifically in relation to the transfer of employment in service provision changes.
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Outsourcing: TU recognition application against service provider and client thrown out
05 April 2019The High Court has dismissed a judicial review of two decisions of the Central Arbitration Committee (CAC) in relation to outsourced workers based at the University of London. The CAC had rejected applications by the Independent Workers Union of Great Britain (IWGB) for recognition for collective bargaining.
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Misrepresentation: the truth, the half-truth and anything but the truth
19 September 2019When negotiating a deal, counterparties often exchange pre-contract statements and promises. Sometimes those statements and promises turn out to be wrong. Exaggerations, mistaken beliefs, misleading opinions as well as statements made recklessly might result in an aggrieved counterparty seeking redress.
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Sports Q&A - Is there trouble on the horizon for algorithms in sport?
10 September 2020Algorithms have featured heavily in the news lately, albeit for the wrong reasons. The algorithms used to determine UK school examination results were eventually abandoned after a chorus of derision and condemnation over their apparent discriminatory bias against students from disadvantaged backgrounds and some questionable outcomes.
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Double trouble: is dual employment a recipe for disaster?
16 January 2024Double the employers means double the trouble according to the Employment Appeal Tribunal, which, in a decision last year, cast doubt on the legal possibility of dual employment. However, although there might be a presumption against this arrangement, there are situations when the law allows for this.
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Home Office guidance on immigration fraud, tricks and scams
18 April 2024Immigration scams are an ongoing concern for businesses and individual users of the immigration system. This article provides some guidance on actions that sponsors of workers and individuals can take if they receive an unexpected email, call or letter purporting to be from the Home Office.
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How is Covid-19 affecting Employment Tribunals?
27 August 2020Covid-19 has created a significant backlog problem in the Employment Tribunal. Employers are increasingly likely to see claims relating to furlough and/or a safe return to work, and many hearings will be dealt with remotely.
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Election talking points: how will employment tribunals cope with Labour’s proposed reforms?
13 June 2024The content of this page has been removed following the election results.
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Employment Tribunal quarterly statistics - a glimpse of things to come?
17 March 2021The Ministry of Justice has released its quarterly report on the Employment Tribunal statistics for the period from October to December 2020, providing a fascinating glimpse into the claims landscape as the economic effects of Covid-19 unfold.
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Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies
28 October 2021In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.
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Privacy and publicity: seeing justice done in the Employment Tribunal
21 September 2022It is now almost a century since Lord Hewart’s famous comment that “justice should not only be done but should manifestly and undoubtedly be seen to be done”. This principle of natural justice has established an open legal process, with public access to judicial hearings an important hallmark of a fair society. But how this principle applies in practice in the Employment Tribunal, particularly in the digital age, can be a difficult question.
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Employment Tribunal fees: the government strikes back
01 February 2024The government has published a consultation proposing to reintroduce ‘modest’ fees in the Employment Tribunal and Employment Appeal Tribunal.
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Trespassers will be prosecuted.....or will they?
19 December 2018Trespassers or “squatters” can present major issues for owners of commercial land and buildings.