TUPE
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Meter U v Ackroyd & Ors UKEAT/0206/11/CEA
Appeal against a ruling that the claimant employees had been unfairly dismissed following a TUPE transfer. Appeal allowed and remitted to the ET to decide if the dismissals were fair after hearing further evidence if necessary.
- cases
02/03/2012 15:21
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Commercial Motors (Wales) Ltd v Howley UKEAT/0491/11/ZT
Appeal against rulings that there had been a relevant transfer of undertakings, the compensation awarded after the successful unfair dismissal claim should be uplifted by 30%, the TUPE compensation of 13 weeks pay and the Polkey reduction of only 50%. Appeal dismissed in all respects.
- cases
24/02/2012 15:07
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Eddie Stobart v Moreman & Ors UKEAT/0223/11/ZT
Appeal by respondent against finding that they had dismissed the claimants and had not, as submitted, transferred them to another employer under TUPE. Appeal dismissed.
- cases
17/02/2012 13:28
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Pannu & Ors v Geo W King Ltd (In Liquidation) & Ors UKEAT/0021/11/DA, UKEAT/0022/11/DA, UKEAT/0023/11/DA
Appeal against a finding that the claimants’ employment had not transferred to either of the two respondents by virtue of a Service Provision Change. Appeal dismissed.
- cases
21/12/2011 16:16
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Enterprise Management Services Ltd v Connect-Up Ltd & Ors UKEAT/0462/10/CEA
Appeal against a ruling that no Service Provision Change transfer had taken place. Appeal dismissed.
- cases
21/12/2011 16:10
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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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Hunter v McCarrick UKEAT/0617/10/DA
Appeal against a ruling that the claimant was an employee with nearly 5 years service as a result of a service provision change within the meaning of regulation 3(1)(b) of TUPE. Appeal allowed.
- cases
17/12/2011 17:32
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Cunningham & Anor v Clydebank Engineering & Fabrication Ltd UKEATS/0021/11/BI
Appeal against the striking out of a claim of unfair dismissal as a result of a TUPE transfer. Appeal allowed and remitted to a fresh Tribunal.
- cases
09/12/2011 11:20
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All in the mind? TUPE transfers and changes in terms and conditions
Mark Shulman and Rachael Taylor of Cumberland Ellis look at two recent cases on TUPE and post-transfer changes in terms and conditions
- resources
09/12/2011 10:47