Category Archives: TUPE

Constructive dismissal lite? Substantial detriment in TUPE.

A recent EAT decision makes it worth revisiting the meaning of regulation 4(9) in the Transfer of Undertaking (Protection of Employment) Regulations 2006: Reg 4(9): Subject to regulation 9, where a relevant transfer involves or would involve a substantial change … Continue reading

Posted in Constructive Dismissal, EU Legislation, TUPE | 5 Comments

Pre-pack administration: good or bad for employment figures?

Most employment practitioners will have dealt with redundancies and TUPE issues following a company going into administration. This week’s File on 4 was an interesting look at whether the current insolvency regime might not be counter-productive in the current downturn. … Continue reading

Posted in Redundancy, TUPE | 2 Comments

TUPE Service Provision Changes – ‘split’ transfers

TUPE 2006 still hasn’t produced much caselaw on service provision changes, but one thorny point has been helped by the case of Kimberley Group Housing Ltd v. Hambley & Ors (UK) Ltd [2008] which deals with ‘split’ service provision. By … Continue reading

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TUPE isn’t rocket science

…it’s not exactly straightforward either, but any competent adviser can identify warning signs that mean the issue should be looked at. Say, for example, Mr Bloggs is tired of running Bloggs pharmacy, so he closes it and reaches a financial agreement with … Continue reading

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Phoenix jiggery-pokery

It’s a cynical view that all you do when your company goes bust is put it into administration and buy it back, but would seem to be amply demonstrated by this case. Company goes into administration, administrator has no money … Continue reading

Posted in TUPE, Unfair Dismissal | Tagged | 1 Comment