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TUPE

The Ghosts of TUPE: Past, Present and Yet to Come

December 18, 2013

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees when the business or undertaking for which they work transfers to a new employer by ensuring, amongst other things, that their contracts of employment are automatically transferred. TUPE implements the Acquired Rights Directive (2001/23/EC) (ARD) in the UK. As part of its “Red […]

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CJEU rules in favour of a static approach in Alemo-Herron v Parkwood Leisure Ltd

July 21, 2013

The Court of Justice of the European Union (‘CJEU’) has held that post-transfer changes to collective agreements should not bind a transferee following a Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI/2006/246) (‘TUPE’) transfer, where the transferee cannot participate in the negotiation process. In other words, a ‘static’ approach applies. The issue of whether […]

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Can a compromise agreement protect your business from a TUPE claim?

January 17, 2013

Some business owners choose to either ignore the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) or assume that the provisions will not apply in their set of circumstances.   Recent TUPE cases highlight that complacency can result in expensive litigation and a payout to aggrieved employees. Tamang & Anor v (1) ACT Security Ltd […]

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Why is it important to follow TUPE regulations for business transfers?

June 20, 2012

A recent case (23 February 2012) re emphasises the protection that TUPE provides to both employer and employees and the importance of correctly following TUPE transfer regulations. In the case of Gabriel v (1) Peninsula Business Services Ltd (2) Taxwise Services Ltd UKEAT/0190/11, the employee won her appeal against the judgement of the employment tribunal. […]

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