In the wake of the Retained EU Law (Revocation and Reform) Act 2023 (REUL Act) the UK Government has published draft regulations, with which employers will need to get to grips quickly as many of the new rules come into force...more
Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more
In Ponticelli Limited v Gallagher, the Scottish appeal court, the Court of Session (CS) found that an employee’s right to participate in a Share Incentive Plan (SIP) transferred under TUPE, even though it was not referred to...more
In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the...more
The Retained EU Law (Revocation and Reform) Bill, or “Brexit Freedoms Bill,” is moving through the UK Parliament. Bill would end the special status of Retained EU Law in the UK (those laws kept in place at the time of Brexit)...more
In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough,...more
No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
Derived from EU Directive 2001/23/EG, the German law on Transfer of Business (“TUPE”) protects employees in a business transfer situation. As a starting point, TUPE transfers the employment of affected employees from one...more
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
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
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
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
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
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
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
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
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
The new provisions are now in force and allow UK employees to give up certain employment rights in return for shares in their employer (or its parent), but important questions remain unanswered. On 1 September, the new...more