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

    Alemo-Herron v Parkwood Leisure Ltd

    Until recently it was generally thought that public sector employees, who transferred to the private sector, were not entitled post-transfer to pay increases negotiated under industry- or sector-wide bargaining arrangements...

    Government review of Tupe set to encourage outsourcing

    As the public sector makes budget cuts and redundancies, private-sector companies that will provide outsourced services at lower cost are making a vocal case for slashing red tape. So far the government appears to be listening...

    Tupe to be reviewed as part of law shake-up

    The government has announced plans to review Tupe regulations, as well as collective redundancy and discrimination compensation, as part of its efforts to reduce the burden of red tape. The three newly-targeted areas were...

    Tapere v South London and Maudsley NHS Trust

    Although this decision remains open to appeal, it sets a worrying precedent for organisations that wish to relocate staff following a change of employer under the Transfer of Undertakings (Protection of Employment) Regulations...

    Whitney v Monster Worldwide Ltd

    This case highlights the risks for employers acquiring employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (Tupe). Although an employee's terms and conditions transfer automatically...

    Cable Realisations v GMB Northern

    The Transfers of Undertaking (Protection of Employment) Regulations 2006 (Tupe) oblige employers to inform and consult with staff where a transfer covered by the regulations is proposed. Formal consultation is only required...

    Two-tier code for public-sector outsourcing scrapped

    The two-tier code regulating employee benefits in public-sector outsourcing is to be scrapped with immediate effect, the government has announced. The code, introduced in 2003, was intended to protect the pay and conditions...

    Wood v London Colney Parish Council

    Employers should note from this case that the temporary cessation of a business at the time of its transfer will not necessarily stop the Tupe regulations applying and bringing with them the inheritance of employees and associated...

    Albron Catering BV v FNV Bondgenoten

    The UK’s Tupe regulations, which implement the EU acquired rights directive, provide that when a business is sold, the employees assigned to that business then transfer to the buyer. The new owner inherits all rights, powers...

    Video interview: Eugene Wojciechowski on Tupe

    The "two tier code", used in public-sector outsourcing contracts, may be abolished by the government in April 2011, according to Eugene Wojciechowski, partner at Shoosmiths. The code, introduced by the previous...