transfer of undertakings
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Seawell Ltd v Ceva Freight (UK) Ltd & Anor UKEATS/0034/11/BI
Appeal against a decision that the claimant’s employment had transferred to the first respondent under TUPE. Appeal allowed.
- cases
17/05/2012 18:24
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Key2Law v De'Antiquis & Anor [2011] EWCA Civ 1567
Appeal by respondent against decision that there had been a relevant TUPE transfer but where the respondent argued that because the business they acquired was in administration, the TUPE requirements were disapplied. Appeal dismissed.
- cases
21/12/2011 14:23
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Spaceright Europe Limited v Baillavoine & Anor [2011] EWCA Civ 1565
Appeal concerning whether a dismissal was connected with a transfer of employment, and therefore automatically unfair, where the claimant, who had been the MD of the business, was dismissed by the administrators who then went on to sell the business as a going concern. Appeal dismissed.
- cases
18/12/2011 11:06
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Parkwood Leisure Limited v Alemo-Herron & Ors [2011] UKSC 26
Judgment concerning whether collective agreements that are negotiated from time to time can bind an employer following a transfer of employment. The issue was referred to the ECJ for a preliminary reference.
- cases
16/06/2011 09:28
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OTG Ltd v Barke & Ors UKEAT/0320/09/RN
Five appeals, listed together, concerning the correct approach on the issue of whether administration can disapply regulation 4 of TUPE.
- cases
21/02/2011 08:56
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CLECE SA v Maria Socorro Martin Valor and Ayuntamiento de Cobisa (Case C-463/09)
ECJ judgment after request for preliminary ruling as to whether Article 1(1)(a) and (b) of Directive 2001/23 must be interpreted as meaning that that directive applies to “a situation in which a municipal authority which has contracted out the cleaning of its premises to a private company decides to terminate its contract with that company and to undertake those cleaning services itself, by hiring new staff for that purpose.” The Court ruled that the it did not apply in these circumstances.
- cases
31/01/2011 10:48
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Transfers Under Public Employment - A New TUPE?
Mark Shulman & Rachael Taylor of Cumberland Ellis consider how transfers of employment might be handled, in the light of recent TUPE cases, as Government quangos are merged or closed as the public spending cuts bite
- resources
24/11/2010 10:06
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Nationwide Building Society v Benn & Ors UKEAT/0273/09/JOJ
Appeals and cross-appeals arising from a decision in the ET that two sample claimants had been unfairly dismissed following a transfer of an undertaking. The EAT found that the ET had erred in relying on a breach of the employer's relevant consultation regulations as the basis for their decision.
- cases
28/07/2010 10:34
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Unison v Somerset County Council & Ors UKEAT/0043/09/DA
Appeal by union against decision in the ET that the defendants had not failed to comply with Transfer of Undertakings (Protection of Employment) Regulations 2006
- cases
08/01/2010 17:16
