Employment Law

Index items here on employment legislation, employment-related topics and case law that is not covered by any of the sub-categories OR within Employee Relations or Diversity and Equality or Health, Safety and Well-being and any of their sub-categories.

Posts

    Pension legislation clash

    So ... you think you’ve got automatic enrolment cracked. You know your staging date, you’ve updated your payroll systems to monitor workers’ eligibility, and you’ve got procedures in place to issue...

    Application of transfer rules narrows

    Tupe may not be the highlight of the average HR professional's week but, in an ever more competitive market, outsourcing parts of the business (or bringing them back in-house) is increasingly part of life for many organisations...

    Abellio London v Musse

    The claimants in this case were all bus drivers employed by CentreWest at its Westbourne Park depot in west London. In anticipation of a service provision change (SPC) to Abellio London, the drivers were told they would transfer...

    Eddie Stobart v Moreman

    Background The claimants were all employees of a logistics operation involved in the warehousing and delivery of meat. The business serviced two suppliers with differing requirements in terms of the timing of their deliveries...

    Collective rules need reworking

    The Department for Business Innovation and Skills (BIS) recently asked for views on the effectiveness of Tupe and the rules on collective redundancy consultation . Our firm canvassed the opinions of 2,800 of our client contacts...

    Pannu v Geo W King

    The 2006 Tupe regulations protect the employment of those involved in fulfilling a contract when that contract changes hands. But a Service Provision Change (SPC) is not a relevant transfer, entitling the employees involved...

    News Focus: Insolvency

    As a growing list of retailers respond to a difficult Christmas by calling in the administrators, a key legal judgment has cleared up the legal position on staff treatment when firms are bought out of administration. Firms...

    Key2Law v Secretary of State

    After more than two years of legal uncertainty, following conflicting decisions from the Employment Appeal Tribunal (EAT), the Court of Appeal has finally clarified how Tupe applies when a business is sold after administration...

    Scattalon v Ministero dell 'Istruzione

    In this case, the Court of Justice of the European Union clarified two important points about the EU acquired rights directive which is, of course, implemented in the UK by the Tupe regulations. Scattalon was a cleaner employed...

    Nottinghamshire Healthcare NHS Trust v Hamshaw

    There can be two types of transfer under The Transfer of Undertakings (Protection of Employment) Regulations 2006 (Tupe): (i) a ‘standard’ transfer of an economic entity which retains its identity; or (ii) a ‘service...