TUPE
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TUPE Cases Round-Up: November 2012
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at some recent cases on TUPE and service provision changes.
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05/11/2012 12:52
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Tamang & Anor v ACT Security Ltd & Anor UKEAT/0046/12/BA
Appeal against a decision by the ET that a compromise agreement which was reached between the claimants and one of the respondents had also released the other two respondents in a TUPE claim. Appeal allowed.
- cases
04/11/2012 11:34
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McCarrick v Hunter [2012] EWCA Civ 1399
Appeal against decision in the EAT that the claimant could not proceed with claims for ordinary unfair dismissal as there was insufficient continuity of employment. Appeal dismissed.
- cases
04/11/2012 10:40
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Department for Education v Huke & Anor UKEAT/0080/12/LA
Appeal against a decision that there had been a TUPE transfer and that the claimant had been unfairly dismissed by the transferee. Appeal allowed and remitted to a fresh Tribunal.
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18/10/2012 18:00
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The Manchester College v Hazel & Anor UKEAT/0642/11/RN
Appeal against rulings that the claimants had been unfairly dismissed in the TUPE sense, and against an order for re-engagement. Appeal dismissed.
- cases
12/10/2012 14:46
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SNR Denton UK LLP v Kirwan & Anor UKEAT/0158/12/ZT
Appeal against a decision that there had been a service provision change when administrators appointed a firm of solicitors to act for them in the administration of a facilities management company and to dispose of the company’s contracts. Appeal allowed and ET decision was overturned.
- cases
12/10/2012 14:45
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Pulse Healthcare Ltd v Carewatch Care Services Ltd & 6 Others UKEAT/0123/12/BA
Appeal against a ruling that the claimants were employees of the appellant within the meaning of s230 of the ERA. Appeal dismissed and the issue of whether their contracts of employment transferred under TUPE remitted for further deliberation.
- cases
06/08/2012 17:59
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Edinburgh Home-Link Partnership & Ors v The City of Edinburgh Council & Ors UKEATS/0061/11/BI
Appeal against a decision that the claimants had not been assigned to an organised grouping of employees immediately prior to a sole client, the respondent, taking some services ‘in-house’. Appeal dismissed.
- cases
02/08/2012 12:49
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Vatre Terracotta Ltd v Baker & Anor UKEAT/0278/11/ZT
Appeal against a ruling that there was a relevant TUPE transfer and that the claimant had been unfairly dismissed by the transferee. Appeal dismissed.
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28/07/2012 08:50
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Lom Managment Ltd v Sweeney UKEATS/0058/11/BI
Appeal against a ruling that the claimant had been unfairly dismissed after an assignation of a lease on a pub. Appeal allowed and claim dismissed.
- cases
01/06/2012 17:21