WorkLife: TUPE

Our thoughts on the world of employment law - and beyond.

TUPE: the net widens

TUPE: the net widens

The recent EAT judgement in the case of Jinks -v- London Borough of Havering has confirmed the principle that, where a party (A) contracts out a service to another (B) and B then subcontracts that service to a third party (C), A can constitute the ‘client’ of C for the purposes of a TUPE claim notwithstanding the lack of any direct contractual relationship between them. 

TUPE: ‘micro-business’ changes effective from today

TUPE: ‘micro-business’ changes effective from today

Just a quick reminder that the new TUPE regulation 13A comes into effect in relation to transfers taking place from today.  This was introduced under the 2014 amendment regulations but for some (unknown) reason there was a six month delay in implementation.  The effect is that employers with fewer than 10 (NB, not 10 or less) employees can consult directly with those employees in relation to transfers where there are no existing appropriate representatives or a recognised union.  There is no...

TUPE: Employee Liability Information - a reminder

TUPE: Employee Liability Information - a reminder

Just a quick reminder that with effect from yesterday, the deadline for transferors to notify employee liability information (‘ELI’) to transferees increased from 14 to 28 days... 

TUPE: has the Court of Appeal played pre-transfer dismissals onside?

TUPE:  has the Court of Appeal played pre-transfer dismissals onside?

I did not expect to be able to mention football and TUPE in the same sentence.  However, as a keen follower of both (and I promise that I will write a non-football related piece at some point), I read the Court of Appeal's decision in Crystal Palace FC Limited and another –v- Kavanagh and others [2013] EWCA Civ 1410 with some interest.