Insights & News

Further clarity on relevance of TUPE following a share sale

How relevant is TUPE in the context of a share sale? A recent decision of the Employment Appeal Tribunal (“EAT”) provides a reminder that TUPE can easily come into play when a buyer is considering what to do with its newly acquired subsidiary. In this case, the buyer’s actions led to an unexpected TUPE transfer and a £3.5 million bill.

When does service provision change amount to transfer of an economic entity?

The European Court of Justice (“ECJ”) was recently required to consider whether the award of a service contract to a replacement contractor in Portugal amounted to the transfer of an economic entity under the EU Acquired Rights Directive (“ARD”). Portugal has no equivalent legislation to the UK’s service provision change (“SPC”) rules

Joanna Hunt writes for Lawyer 2B: Are trainee overseas secondments set to become a thing of the past?

Press

Joanna Hunt writes an article for Lawyer 2B, discussing the implications of the changes to qualify for Indefinite Leave to Remain (ILR) in the UK for non-EU lawyers training or working in UK firms.

TUPE and offshoring

In a recent case, the Employment Appeal Tribunal (“EAT”) was asked to consider the application of TUPE in the context of an offshoring of services and whether a transferring employee was entitled to protection of his salary terms if he relocated to the new place of operations in the transferee’s home jurisdiction.

Advocate General suggests no transfer on change of music school contractor

An Advocate General (“AG”) of the European Court of Justice (“ECJ”) has considered whether a transfer of an undertaking occurred where a contract to operate a Spanish music school was terminated and another contractor resumed the service five months later. Under the EU Acquired Rights Directive (“ARD”), a transfer of an undertaking occurs where there is a transfer of an economic entity which retains its identity. An economic entity consists of an organised grouping of resources (i.e. persons and assets), organised with a view to carrying on economic activity.

Equal pay, TUPE and insolvency

The issue for the Employment Appeal Tribunal (“EAT”) in a recent case was what happens to historic equal pay liabilities when claimant employees transfer under TUPE on to a new employer in the context of the transferor employer’s insolvency.

Lewis Silkin partner, Giles Crown, is listed in Whos Who Legal Data 2018

Press Release

Lewis Silkin is pleased to announce that Giles Crown, our Divisional Managing Partner, has been listed in the Data Legal Practice Area for Who’s Who Legal 2018.

Naomi Hanrahan-Soar writes for FinTech Futures: Immigration in the banking technology industry: a positive story

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Naomi Hanrahan-Soar writes an article for FinTech Futures, discussing the tech sectors heavy reliance on foreign nationals to provide the technical skills required in the workforce. Accordingly, Brexit, and the potential to restrict access to that talent pool, brings additional concerns for employers.

Kathryn Weaver comments for China Daily: Deadly Stress

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Kathryn Weaver comments in an article for China Daily, discussing the stress and pressure from a more intense working environment across the Asia-Pacific, with particular focus on Hong Kong.

Evidence of pre-termination negotiations will be admissible if the EDT is in dispute

The Employment Appeal Tribunal (“EAT”) has decided that if the effective date of termination (“EDT”) is in dispute in an unfair dismissal case, a tribunal can hear evidence of pre-termination negotiations if that evidence is relevant to determining the issue.