TUPE

News & Analysis as of

Brexit – What Now For Your Business

So, the UK has voted to leave the EU. Everyone has their own opinion and we’ve all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Orrick’s...more

What Does Brexit Mean For International Employers?

On June 23, 2016, in a hotly contested referendum, British voters chose to leave the European Union in a contest dubbed “Brexit” (for “British exit”). It will take some time before the full implications of this decision...more

Impact of Brexit on UK Employment Law

Many in the UK are in a state of shock. The vote, narrowly, and with significant geographical and demographic variations, is to leave. What impact will this have in relation to UK employment law?...more

Brexit: Implications for commercial contracts

The UK electorate has voted to leave the EU - a decision that has many implications for commercial contracts. Like other supervening events, it is unlikely that Brexit was contemplated by the parties when negotiating and...more

Brexit: What Does it Mean for Employers in the U.K.?

We set out below our best guess on where this leaves employees, management and HR in the UK. Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. ...more

Brexit and Retail

Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the EU, or exit (a so called “Brexit”). As many readers will be aware, there is no certain answer...more

Outsourced claims handling services attract VAT

The CJEU has confirmed in the Polish referred case of Minister Finansów v Aspiro SA1 that a third party acting on behalf of an insurer in the handling and settlement of claims cannot benefit from the exemption for insurance...more

Brexit: Implications for Commercial Contracts

Brexit, and the possibility of a Britain which is no longer part of the EU, raise many implications for commercial contracts. Like other supervening events, it is unlikely that Brexit was contemplated by the parties when...more

TUPE: Service Provision Change

In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust UKEAT/0267/15/RN, the Employment Appeal Tribunal (EAT) considered whether there could be a service provision change under TUPE where only part...more

Exploring the Employment Law Implications of a ‘Brexit’

On June 23, 2016, the United Kingdom (UK) will hold an “in or out” referendum to decide whether it should remain a member of the European Union (EU). If the UK chooses to leave the 28-member European Union, one certain...more

"Brexit Bites": Employment Law Implications

Although much of the UK’s current employment law framework derives from the EU, it seems unlikely that the UK’s exit from the EU would result in significant legal changes, at least in the short term. There are several reasons...more

How would a Brexit impact on employment law in the UK?

On 23 June 2016, the UK will vote on whether to remain a member of the EU. The possibility of the UK leaving the EU raises some fundamental questions, the answers to which could have significant implications on employment law...more

Brexit: What does it mean for companies doing business in the UK?

The fate of the United Kingdom’s membership of the European Union hangs in the balance. Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the...more

Energy & commodities: portfolio acquisitions

There have been a number of trading portfolios acquired and disposed of in the commodities trading sector in the last 18 to 24 months (commodities acquisition(s)). This activity has been due to a number of factors, such as...more

Brexit: Implications for Your Business if the U.K. Leaves the European Union

The United Kingdom government will hold a referendum on June 23, 2016, determining whether the U.K. should remain in the European Union — of which it has been a member since 1973. Opinion polls suggest that the result of the...more

Early Conciliation and the Employment Tribunal's case management powers: Changes to the respondents

The two recent cases set out below highlight the flexible approach that the Employment Appeal Tribunal (EAT) seems to be taking in relation to Early Conciliation (EC) and the Employment Tribunal's (ET) powers to make case...more

UK Employment Law Round-up Volume 1, Issue 2

In this edition we will be taking a look at some employment issues which have been making headlines and at some of the more technical points raised in recent case law. We will consider the Government's recent release of its...more

TUPE: Temporary cessation of Work

Mustafa and another v. Trek Highways Services Limited and others UKEAT/0064/15 - There is relatively limited case law dealing with a temporary cessation of work in a TUPE context. However, in the case of Mustafa, the...more

German Employment Law Update: Higher Labour Court Düsseldorf Finds Belated Right to Object to Employment Transfer

The Higher Labour Court in Düsseldorf ruled on October 14, 2015, that even after the statutory one-month objection period in Section 613a(6) of the German Civil Code has expired, employees may object to the transfer of their...more

Transfer to Multiple New Employers Can Amount to TUPE Transfer

In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: UK

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Where there is a business transfer or a service provision change (outsourcing or insourcing or a change of provider) which is within the scope...more

Integration Into a Group Company Can Trigger TUPE

In Ferreira da Silva e Brito v Estado portuges (C-160/14), the European Court of Justice (ECJ) considered whether there had been a “transfer of a business” and therefore whether the Portuguese equivalent of TUPE applied....more

Boarding passes ready – when employees may unexpectedly move around within a corporate group

The European Court of Justice ("ECJ") has ruled that, in certain circumstances, when a subsidiary company is wound up, its employees will transfer automatically to its holding company. What happened? In 1993, Air...more

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

TUPE: Service Provision Change

In Jakowlew v Nestor Primecare Services Ltd t/a Saga Care UKEAT/0431/14/BA, the Employment Appeal Tribunal (EAT) considered whether an employee’s employment had transferred by reason of a service provision change under TUPE,...more

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