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Pending appeal against dismissal did not mean former employee transferred under TUPE, says EAT

A former employee who was awaiting an appeal against her dismissal was not "employed" for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled. 17 May 2013

No duty to consult employees unaffected by a TUPE transfer, says EAT

There is no requirement for employers to consult with employees working in a part of the business that will not be transferred to a new owner under TUPE laws, the Employment Appeal Tribunal (EAT) has ruled. 30 Apr 2013

Out-Law Guides

  • Basic Guide to TUPE

    This guide is based on UK law. It was last updated in June 2011. The purpose of TUPE is to protect employees if the business in which they are employed changes hands. Its effect is to move employee...

Advocate General endorses 'dynamic' approach to collective bargaining agreements following TUPE transfer

Private sector service providers could have to honour national public sector pay arrangements for any workers that have transferred to them under the TUPE regulations if the approach of a legal adviser is followed by the EU's highest court. 21 Feb 2013

EAT provides clarity on what it means to provide a "short-term" service

A contract for a "single specific event" need not necessarily be of "short-term duration" to prevent workers being caught by regulations governing the employment rights and status of a particular worker when there is a change in service provider, the Employment... 15 Nov 2012

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Expertise in Employment

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