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Employment News - November 2017 #3

by Hogan Lovells on

In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more

Brexit: Rebalancing your European workforce

by White & Case LLP on

Whatever form Brexit takes, international companies with operations in the UK are planning ahead to retain access to the EU market - Britain's exit from the EU is still unfolding and the exact terms that will affect...more

TUPE and Share Sales

by Faegre Baker Daniels on

In ICAP Management Services Limited v Dean Berry and BGC Services (Holdings) LLP [2017] EWHC 1321, the High Court examined the circumstances in which TUPE may apply to a share sale. Mr Berry was a senior executive at ICAP...more

The continuing importance of carrying out right to work checks on all employees

by Dentons on

The rights of EU nationals working in the UK remain uncertain. We are awaiting confirmation of what documentation they will require to prove any ongoing right to work once the UK leaves the EU. What is certain is that it will...more

The final call for Aviator UK

by DLA Piper on

The aviation industry is a network business, relying upon strict regulation, rigorous safety standards and operations planned to minute detail. Unexpected financial or operating changes, particularly to ‘ground handling’...more

TUPE transfer after a share purchase

by Dentons on

It is generally accepted that the TUPE Regulations will not apply to a transfer of shares. This is because there is no change in identity of the employer following a share sale. All rights, duties and liabilities in...more

Multiple claims must be based on the same facts

by Dentons on

Rule 9 of the Tribunal Rules 2013 allows two or more claimants to make their claims on the same claim form (ET1) if their claims are based on the same set of facts. This has been advantageous for claimants, especially since...more

Employment News - July 2017 #3

by Hogan Lovells on

Breaking up is (not always) hard to do – transfer of part of service capable of being a TUPE service provision change - In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust the EAT decided that...more

TUPE and Share Acquisitions – Recent key case highlights risk that TUPE could apply

by Locke Lord LLP on

Background - A key issue from an employment perspective in the UK on a corporate acquisition is whether the acquisition is structured through a share purchase; so that it is the shares of a company which are bought, or an...more

What Constitutes a Service Provision Change Under TUPE?

by Faegre Baker Daniels on

The Employment Appeal Tribunal (EAT)’s decision in Tees Esk & Wear Valleys NHS Foundation Trust v Harland [2017] UKEAT 0173_16_0303 sheds new light on the factors to consider in determining whether there has been a service...more

Service Provision Changes: Determining The "Principal Purpose" Of An Organised Grouping Of Employees

by Dentons on

The EAT's decision in Tees Esk and Wear Valley NHS Foundation Trust v. Harland and Others [2017] UKEAT/0173/16 provides guidance on how the "principal purpose" of an organised grouping of employees should be determined when...more

Employment News - April 2017

by Hogan Lovells on

Plus ça change… - the employment law implications of the Great Repeal Bill - The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more

Employment News - March 2017 #2

by Hogan Lovells on

Don't ask, don't get – data subject access requests and litigation - The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more

TUPE: Service Provision Change

by Faegre Baker Daniels on

In Salvation Army Trustee Company v Bahi UKEAT/0120/16, the Employment Appeal Tribunal (EAT) considered the correct approach to determining whether activities carried out before and after a service provision change under TUPE...more

Brexit: Future Proofing Your European Business

by Seyfarth Shaw LLP on

The dust has now settled after the seismic shift of the UK’s vote to leave the European Union (also known as “Brexit”) on 23 June. The British Government has yet to formally trigger exit, and legal challenges are underway by...more


by Locke Lord LLP on

Following the UK Brexit referendum businesses will now find themselves assessing their future. Below is a checklist designed to raise some important questions that should be considered in order to assess potential risks and...more

Brexit: Impact on occupational pension schemes

by DLA Piper on

Following the UK's vote to leave the European Union, we consider the potential implications for employers and trustees of occupational pension schemes....more

Was There a Service Provision Change?

by Faegre Baker Daniels on

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…

by Dentons on

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

by Faegre Baker Daniels on

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?

by Dentons on

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

by Littler on

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

by Locke Lord LLP on

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

by DLA Piper on

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

by McDermott Will & Emery on

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

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