TUPE

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Ask Auntie - TUPE/Collective Redundancies

Dear Auntie It’s been a long time since I’ve had to deal with a  TUPE  transfer but this year our company is going to be acquiring a business and we’re expecting 30 employees in York to transfer to us as a result of  TUPE...

TUPEnews Edition 5

This is the fifth issue of an occasional hrlaw e-newsletter, highlighting key developments about TUPE for managers and HR teams and others who have to deal with TUPE in practice. Consultation with “affected employees” The duty to inform...

HR Law TUPE Survey Results

In March we asked HR Law readers for their views on some of the most important changes to TUPE being proposed by the Government.  The feedback we received formed part of our response to the Government's consultation. Generally, readers' views...

TUPE: common myths are busted

Whether on a business sale, outsourcing or group restructure, the thought of TUPE being applicable can strike fear into the most hardy HR heart, and perhaps it is this fear of TUPE which has led to a number of myths about situations which are thought not to...

Aunty advises on Team Moves

Dear Aunty I am a CEO of a wealth management business (“the Company”).  Recently the Company bought out a traditional stock broking firm and took over its employees.  After we bought the firm, one senior member of staff, John Smith...

Outsourcing and 'organised grouping of employees'

In an outsourcing scenario, there will be a TUPE transfer if certain conditions are met. One condition is that there is an organised grouping of employees situated in Great Britain which has as its principal purpose the carrying out of the activities...

Transfer of early retirement benefits

Occupational pension rights do not transfer under TUPE so far as they relate to old age, invalidity or survivors benefits. However, following the landmark cases of Beckmann and Martin nearly 10 years ago, early retirement benefits or special rights on, for...

Dismissing employees and harmonising employment terms after a TUPE transfer

Dismissals following a TUPE transfer are automatically unfair if the sole or principal reason for them is a) the transfer or b) a reason connected with the transfer which is not an economic, technical or organisational reason entailing changes in the...

Objecting to TUPE transfers

An employee can object to his employment being transferred to a new employer under TUPE.  He does not need to give a reason.  If he objects then the starting point is that his employment is simply treated as coming to an end on the date of the...

"Spare some change?" Recent case law on amending terms and conditions

Dear Aunty Back in 2008 our business was struggling and we had to cut everyone’s pay by 10% to avoid making redundancies.  This was quite a painful process but in the end most staff accepted it.  Unfortunately, it now looks like we are going...

Whoops! Seven slip-ups - some of the most common but avoidable HR mistakes

A subscriber to HRlaw.co.uk has asked us to compile a list of what we find to be some of the most common HR mistakes and traps that employers can make and fall into.  The HR law team has put their heads together and here they are: 1.   ...

Tupe News edition 2

This is the second issue of an occasional e-newsletter, under the Fox Williams hrlaw banner, highlighting developments in TUPE for senior executives, HR professionals and others who have to deal with TUPE in practice, whether that be on outsourcing, service...

New Year, New Problems

New year, new problems.. 2010 saw key developments in case law which Ozlem Kulle and Helen Besch outline in their articles. This article highlights key cases that are likely to be decided in 2011. Age discrimination The ECJ is considering in the German...

2010 case round up (part 2)

This is the second serving of our selection of key cases from 2010.  1. KRAFT FOODS v HASTIE – age discrimination / justification For more details of this case, see our Ask Auntie piece from our August 2010 newsletter . Summary:  ...

Top ten tips for Lehman Bankers: What to do when your employer goes bust?

It might get saved - it might collapse.  Either way, Lehman Brothers employees cannot afford to stand around Canary Wharf waiting to unpack their cardboard boxes, say the experts at Fox Williams. 1. Protect you and your family – if you...

'O' is for Outsourcing

What is outsourcing? This is where a company arranges for a separate third party to undertake a service which, until then, the company has undertaken itself i.e. Company A has historically managed and run its own payroll but decides to outsource this to...

Worth their wait in gold? New draft TUPE regulations are finally published

Last month saw the publication of the long-awaited revised draft TUPE Regulations. Readers who routinely deal with TUPE may feel that it is an area of law fraught with complexity and uncertainties. They are not alone: in one recent decision, the judge...