TUPE
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TUPE and companies in administration - a dead cert?
Mark Shulman and Rachael Taylor of Cumberland Ellis look at recent cases on insolvency and the implications under TUPE
- resources
08/05/2011 17:56
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Marland v Heartland (Midlands) Limited [2011] EWCA Civ 438
Appeal by respondent in breach of contract proceedings against finding that he was protected by TUPE in circumstances where he was transferred to a new employer during his notice period. Appeal dismissed.
- cases
15/04/2011 16:32
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Spaceright Europe Ltd v Baillavoine & Anor UKEAT/0339/10/SM
Appeal against a ruling that the claimant had been unfairly dismissed following a TUPE transfer. Appeal dismissed.
- cases
04/04/2011 11:10
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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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Zaman & Ors v Kozee Sleep Products Ltd t/a Dorlux Beds UK UKEAT/0312/10/CEA
Appeal against application of a cap on the weekly pay used in the calculation of compensation after the respondents breached their obligations under TUPE. Appeal allowed.
- cases
31/12/2010 18:04
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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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Imperial Day Nursery & Ors v Marshall UKEAT/0217/10/CEA
Appeal by respondent employer claiming that the ET had erred by ruling that they had failed to comply with regulation 15 of TUPE, in circumstances where there were no employee representatives. Second appeal against costs awarded to the claimant. First appeal dismissed, second appeal succeeded and costs order set aside.
- cases
14/11/2010 18:17
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Wood v Caledon Social Club Ltd (Debarred) & Anor UKEAT/0528/09/CEA
Appeal against a decision by the ET that there was no TUPE transfer in a claim of unfair dismissal because the temporary cessation of the economic entity, in this case a bar, prevented a relevant transfer. The EAT ruled that the economic entity had not ceased, it had merely been suspended until the bar re-opened, and thus there was a relevant transfer. Appeal allowed.
- cases
30/09/2010 15:05
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Todd v Strain & Ors UKEATS/0057/09/BI
Appeals against decision by the Employment Tribunal; 1) the appellant transferor was in breach of the duties imposed by Regulations 13 and 14 of TUPE; 2) the level of compensation awarded to the employees; and 3) the ruling that the transferee was not jointly and severally liable for the sums to be paid by the appellant. First appeal dismissed, second appeal allowed and compensation accordingly reduced, third appeal allowed.
- cases
02/08/2010 11:31
