TUPE
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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
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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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Chambers & Ors v QCR Motors Ltd (In Voluntary Liquidation) & Anor UKEAT/0545/09/MW
Appeals against decision by ET that claims of unfair dismissal had been brought out of time and therefore the court did not have jurisdiction to hear their complaints. The claimants claimed unfair dismissal after a TUPE transfer. The ET ruled, and the EAT agreed, that the clock for bringing a claim started on the date of transfer of the business, the claimants were aware of the date of transfer and were certainly aware of the date 3 weeks later. Therefore, it was reasonably practicable to have brought the claims within the 3 month limit. Appeals dismissed.
- cases
08/07/2010 20:55
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Reddy v Bedford & Luton Partnership NHS Trust UKEAT/0023/10/ZT
Appeal against decision that the tribunal did not have jurisdiction after they found that the transmission of the written grievance founding the claim, which had been forwarded to the respondent, did not comply with the dispute resolution regulations. Appeal allowed.
- cases
22/06/2010 11:57
