Search results for TUPE: Transfer of Liabilities
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TUPE Transfer of Info to Incoming Contractor
I have been dealing with and advising on TUPE for a number of years and this is a problem I have only rarely seen. Since Apr 2006 virtually all service provision changes are covered by TUPE. Firts of all you need to get specialist legal advice you also need to inform the staff representatives or the affected staff themselves that a change is occurring in ...
Comment | 13 May 2011
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TUPE: Transfer of Liabilities
The effect of TUPE is to transfer rights, powers, duties and liabilities under or in connection with any contract of employment to the new employer under Regulation 5(2)(A). W S Atkins (Services) Limited had employees whose pay package included a profit sharing scheme. Atkins were party to a contract with Surrey County Council ...
Case | 30 Mar 2001
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When staff TUPE transfer - think equal pay
When considering a TUPE transfer of staff, it is very important to consider the risk of equal pay claims, particularly as they may not immediately be clear. The decision of the Employment Appeal Tribunal (EAT) in Sodexo v. Gutridge (2008) should cause everyone involved in staff transfers to consider carefully the issues it raises....
Case | 4 Aug 2008
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Liquidation and TUPE: when does liability transfer?
...nt company, and the claimants were re-engaged. In August, following a creditors' meeting, two members of the accountancy firm were appointed as liquidators. An employment tribunal dismissed claims by the claimants for arrears of pay from the company, on the ground that, because "at the time of" the transfer the transferor was subject to "insolvency proceedings", regulation 8 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 applied to exclude a transfer of liability to the transferee under regulation 4, and the Secretary of State was liable for the debts pursuant to section 1...
Case | 2 Jan 2008
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Transfer of Liability for Negligence and Breach of Statutory Duty
The High Court has held that on the transfer of an undertaking the employer's liability for negligence and breach of statutory duty can pass to the transferee by virtue of TUPE. The right to an indemnity under the employer's liability insurance is also transferred to the transferee under TUPE. On the facts therefore, the new employer could cl...
Case | 30 Oct 1999
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TUPE transfer and early retirement pension problems
The recent decision of Katia Beckmann -v- Dynamco Whicheloe Macfarlane Ltd (DWM) in the European Court of Justice is a warning to employers particularly those involved in TUPE transfers of employees previously employed in the public sector. Mrs Beckmann had worked within the NHS where collective conditions of employment provided that employees who were made redundant between the age of 50 and normal retirement age were, under NHS Regulations, entitled to: - a lump sum re...
Case | 21 Jun 2002
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Transfer of Undertakings (Protection of Employment) Regulations 2006
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) came into force on 6 April 2006 and repealed and replaced the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE 1981). Where TUPE 2006 applies, it provides that contracts of employment and associated liabili...
Regulation | 17 Sep 2006
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Employers unconvinced on clarity of new TUPE regulations
Research by law firm Osborne Clarke suggests that nearly one third (30%) of businesses are not convinced that the new TUPE (Transfer of Undertakings (Protection of Employment)) Regulations 2006 will actually clarify the existing rules. The new regulations have now been laid before Parliament and will come into force on 6 April 2006. They will bring in changes for employers, outsourcers and service providers alike. The resear...
News | 17 Feb 2006
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Playing with numbers: TUPE special issue
... workplacelaw 3 workplacelaw Editor Sub-editor Design Photography MAGAZINE Kelly Mansfield T. 01223 431 054 whose side are you on? It's been around for 24 years (nearly 100 if you're picky!), there's endless case law to guide us, and yet we still don't have a clue what we're doing when TUPE (Transfer of Undertakings Protection of Employment Regulations) applies. One of the biggest employment law issues for workplace managers on a change of service provider, TUPE, where it applies, provides that contracts of employment and associated liabilities transfer from the outgoing service provider to the...
Magazine issue | 1 Mar 2005
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Court of Appeal decision on TUPE dismissal
The Court of Appeal has clarified the case law relating to when a dismissal is automatically unfair under TUPE, advises Kevin McCavish, a Partner at Shoosmiths. When there is a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), affected employees are protected against dismissal. Regulation 7 says that if any employee of either the transferor or transferee is dismissed before or after the relevant transfer they shall be regarded as auto...
Case | 11 Jan 2012
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Transfer need not be certain for dismissal to be unfair
A court has ruled that a TUPE transfer need not be certain nor the identity of a transferee known for a dismissal to be “connected” and automatically unfair. Bruno Baillavoine was employed as Chief Executive Officer of Ultralon Holdings Limited, a manufacturer of office equipment. In May 2008, the company was placed into administra...
Case | 16 Dec 2011
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TUPE decision "welcome relief" for employers
The Court of Appeal last week handed down a decision which means that private sector employers who take on outsourced contracts will not be bound by future pay increases negotiated after a TUPE transfer by the former public sector employer rather than them. The decision in Alemo-Herron and others v. Parkwood Leisure Limited overturned the EAT's decision in favour of the employees, restoring the Employment Tribunal's original decision in favour of the employer. The case involved 23 claimants, rep...
Case | 1 Feb 2010
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Pensions under TUPE: Hagen -v- ICI Chemicals
A recent case highlights the need for employers to take care over what exactly they tell their staff about pensions on a TUPE transfer. In the recent case of Hagen v ICI Chemicals, 441 employees of ICI were concerned that when they were transferred to Kvaerner their pension benefits as ICI employees – which were better than elsewhere in the industry – would not transfer automatically under TUPE. However, they were reassured by...
News | 20 Nov 2001
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Changes to TUPE employee liability information
An interesting consequence of the repeal of the Statutory Dispute Procedures (SDPs) on 6 April 2009, is the consequential effect the changes will have on the TUPE rules on ‘employee liability information’. Currently, under Regulation 112(c) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) transferors must provide the transferee with information about any disciplinary proceedings or grievance procedures (under the SDPs) within two years preceding the transfer After 6 April, the provision will be amended to expl...
News | 8 Apr 2009
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Employer gave insufficient notice of intended retirement date
... of £310.Mrs Todd argued that the compensation to be awarded should be punitive so as to provide an effective sanction for Sanquhar's failure to observe its statutory duties. She drew an analogy with protective awards made in connection with a failure by an employer to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and in the collective redundancy provisions. A failure under these provisions requires tribunals to make a punitive award and to begin with the maximum award and then reduce it if there are any mitigating circumstances. Mrs Todd the...
Case | 14 Jul 2008
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TUPE: who's responsible for service?
In Kimberley Group Housing Ltd v. Hambley & Ors and Angel Services (UK) Ltd v. Hambley & Ors, the Employment Appeal Tribunal (EAT) overturned a tribunal's decision which apportioned liability on a percentage basis for transferred employees between two transferees following a service provision change. The decision considers the approach a Tribunal should take in allocating the transferring employees where there has been a transfer of one service provider's activities to two or more organisations.The FactsBy agreement with...
Case | 20 Jun 2008
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Guidance published on balancing TUPE and Data Protection
Guidance has been produced by the Information Commissioner’s Office (ICO) on complying with the requirements of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) with the Data Protection Act. “In 2006,” an ICO spokesperson told Workplace Law Network, “the regulations were changed slightly [when TUPE 2006 replaced TUPE 1981] and there was a new requirement that was brought in for informati...
News | 6 Jun 2008
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Does TUPE apply when a company is in administration?
Many of the significant Transfer of Undertakings (Protection of Employment) Regulations (TUPE) decisions have been the result of the sale of a business following that business's insolvency. This week's case is no exception as we consider the Court of Appeal decision in Dynamex Friction Ltd and another v Amicus and others. The ques...
Case | 28 Apr 2008
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TUPE, dismissals and 'slimming down' a business
In CAB Automotive Ltd v Blake and Others the EAT held that in the situation where an administrator was "slimming down" a business with the intention of finding a buyer, an employment tribunal could view the reason or principal reason for dismissal as being connected to the potential TUPE transfer, even where a specific buyer has yet to be identified but that there was no economic, technical or organisational (ETO) reason for the dismissal.BackgroundAfter RDS Automotive Interiors Ltd went into administration, the administrator retained only those employees who were necessary to fulfil existi...
Case | 14 Mar 2008
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TUPE does not transfer liabilities that arise after the transfer date
The EAT has held in Coutinho v Vision Information Services (UK) Ltd and Rank Nemo (DMS) Ltd that liabilities that arise after the transfer date in the transfer of an undertaking do not transfer to the transferee.BackgroundMr Coutinho was made redundant by Vision in March 2004. In July that year Vision's business was sold to Rank. TUPE applied to this acquisition. Mr Coutinho raised a claim of unfair dismissal and race discrimination a...
Case | 28 Feb 2008
