TUPE

News & Analysis as of

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

Dismissal for "Some Other Substantial Reason"

In the case of Anderson v Chesterfield High School [2015] UKEAT/0206/14/MC, the Employment Appeal Tribunal (EAT) considered the fairness of the dismissal of a Mayor from his salaried role at a school because of his...more

TUPE: Single Employee Constituted an Organised Grouping of Employees

In Rynda (UK) Ltd v Rhijnsburger [2015] EWCA Civ 75, the Court of Appeal considered whether a single employee was an “organised grouping of employees” for the purposes of establishing whether there had been a service...more

UK update - TUPE service provision changes become more complex with the potential involvement of multiple clients and contracts

In Ottimo Property Services Ltd -v- Duncan and another, the Employment Appeal Tribunal has decided that, where several different clients change service provider at or around the same time, each individual service provision...more

Successful Appeal Against Dismissal Automatically Revives Employment Contract

In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more

2014 Review of the year

Sandra Wallace, Partner and UK Employment Group Head, highlights the most important legislative and case law developments from 2014 and identifies the key cases to watch out for in 2015....more

Overriding Interest

In This Issue: - Islamic Real Estate Finance: Getting The Deal Done - Announcements & Events - Government Consultation on Energy Efficiency Improvements to the Private Rented Sector - K&L Gates...more

TUPE Amendments 2014

The Acquired Rights Directive (ARD) applies across the Member States of the European Union and is implemented in the UK by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “TUPE Regulations”)....more

Failure to Provide Information under TUPE

In Allen & ors v Morrisons Facilities Services Limited [2013] UKEAT 0298, the Employment Appeal Tribunal (EAT) considered whether employees transferring under TUPE could bring a claim against their new employer, where the new...more

TUPE Developments: February 2014 Changes to UK TUPE Regulations

Newly enforced regulations change UK law on the transfer of undertakings, applicable to transfers which take place on or after 31 January 2014. The Transfer of Undertakings (Protection of Employment) Regulations 2006...more

UK Amends TUPE Regulations

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) has been in the spotlight as part of the UK Government’s Employment Law Review. TUPE implements the EU Acquired Rights Directive (“ARD”) in the...more

Amended TUPE Regulations Published in the U.K.

In previous posts (Proposed Changes to UK's TUPE will impact outsourcing deals, The UK Government consults on proposed changes to the TUPE regulations) we highlighted the UK Government's proposed changes to the Transfer of...more

TUPE – What Will The 2014 Changes Bring?

Following a 2-year consultation process, legislation comes into force on 31 January 2014 to amend ‘TUPE’, the Transfer of Undertakings (Protection of Employment) Regulations 2006. The 2006 TUPE regulations provide for the...more

TUPE Update

The UK Government has finalised the amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and collective redundancy legislation, under the Collective Redundancies and Transfer of...more

Changes to UK’s TUPE Regulations

New TUPE Regulations come into force on 31 January, with the Department for Business, Innovation and Skills issuing updated accompanying guidance. On 31 January 2014, the regulations that will amend the UK’s Transfer...more

Changes to TUPE Coming Into Force in the UK

The long awaited and much debated changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) have now been finalised in the snappily titled Collective Redundancies and Transfer of...more

New TUPE regulations published

Clare Gregory, a Partner in our Sheffield office, comments: With just over a fortnight to go until they come into force, the Government has now made, and published, the Collective Redundancies and Transfer of Undertakings...more

UK Employment Law – A Year In Perspective – Changes Past and on the Horizon

2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes. This...more

TUPE Changes: Implementation Date – Confirmed as 31 January 2014

We reported in the autumn on some small but important changes to TUPE planned to take effect in early 2014. We promised to let you know if there was any delay in the proposed implementation date of 1 January 2014. The UK...more

Employment Flash - November 2013

In This Issue: - OFCCP Releases VEVRAA and Rehabilitation Act Section 503 Final Rules - US Supreme Court to Decide Whether Severance Payments Are Subject to FICA - SDNY Rules That NYC Human Rights Law Does Not...more

New draft TUPE Regulations published, in force January 2014

Following the response to consultation on proposed amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) (see Be Alert dated 5 September), the Government has now published draft...more

Technology & Sourcing News - October 2013 (Global)

- What's in an indemnity anyway? - Kit Burden provides an informative overview of the use of indemnities in IT and outsourcing contracts, including guidance on what to look out for when drafting or negotiating these...more

Be Global - October 2013

Be Global is a publication by DLA Piper's Global Employment Group, designed to keep you informed on recent developments around the world. Be Global complements uKNOW, our online international employment, pensions and...more

TUPE UPDATE: UK Government publishes its Response to the Consultation

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") is in the spotlight as part of the UK Government's Employment Law Review. Launched in 2011, the purpose of the review is to reform employment...more

TUPE on the Move: Key Changes Coming into Effect Next Year

As of 1 January 2014 there will be some small but important changes to TUPE. Employers who are planning on undertaking TUPE transfers in the near future may wish to consider whether or not to delay implementation to take...more

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