TUPE

News & Analysis as of

Was There a Service Provision Change?

In CT Plus (Yorkshire) CIC v Black and others UKEAT/0035/16, the Employment Appeal Tribunal (EAT) considered whether TUPE applied when a park-and-ride service was changed. Hull City Council engaged a bus company called...more

On the Buses…

The case of CT PLUS (Yorkshire) CIC v. Black and ors looked at whether a change in bus service from subsidised to commercial venture could be a “service provision change” (SPC) within the scope of the Transfer of Undertakings...more

Byron Burger Bitten? Employers Should Chew on Immigration Enforcement Possibilities

Recently, U.K. newspapers have been filled with details of immigration enforcement activity in central London at Byron, a respectable upmarket chain of casual dining restaurants known for their high end burgers. The...more

Brexit: will it really matter?

You'd be forgiven for hoping that you'd open this month's newsletter and see no mention of Brexit. But this is something that's not going away, and given how important it will be to the future of the UK, it would be remiss of...more

Brexit: Some Potential Implications For Employers

On June 23, 2016, the people of the United Kingdom—(more precisely, the island of Great Britain, comprising England, Wales Scotland and Northern Ireland) voted, pursuant to a referendum called “Brexit,” to leave the European...more

Brexit: What You Need To Know - Employment

Brexit has the potential to have a significant impact on UK employment law with many significant elements of UK employment law deriving from European Directives. For example, the Transfer of Undertakings (Protection of...more

Brexit: The implications for occupational pension schemes

The UK electorate voted to leave the European Union in a so-called Brexit referendum. The initial impact for occupational pension schemes has come from the resulting market volatility, and whilst there is no immediate impact...more

Brexit Update: UK Employment Law Implications

In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more

Gazing into a crystal ball: Brexit, employment and immigration

Much has been said about Brexit – the number of articles and reports published in the last few weeks has been overwhelming. Some filled with predictions of doom and gloom; others more optimistic. But that's just what they are...more

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

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