TUPE: Can you specify in a contract that TUPE does not apply?

• Author:
• Daniel Barnett

A surprising TUPE decision from the EAT. Phoenix taxis (a radio-cab company) sold its 'business' to Rainbow taxis. The employment tribunal found as a fact that, despite the description in the contract as a sale of a business:
no assets had transferred
no staff had transferred
no premises had transferred
the only thing that had transferred was the (temporary) use of the 'Phoenix Taxi' name and the Phoenix Taxi telephone number.
The ET also held that the Phoenix Taxi undertaking ceased to ret... (123 more words)

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