TUPE
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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
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Ward Hadaway Solicitors v Love & Ors UKEAT/0471/09/SM
Appeal against decision by Employment Tribunal that, under new TUPE, there had not been a service provision change from one firm of solicitors to another, and thus the first firm was liable for any payment of compensation made to 2 employees who were found to have been unfairly dismissed. Appeal failed.
- cases
05/05/2010 13:02
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Derrick Cyffin Jones T/A The Barley Mow Public House v Beardmore UKEAT/0392/09/DM
Appeal against ruling that the claimant was qualified to claim for unfair dismissal as a TUPE transfer had taken place. The EAT rejected the ET's ruling on the basis that TUPE did not apply. The activities which the claimant conducted were not transferred; she was offered, and took up, a different job with a different employer. The claimant herself could not be regarded as an 'economic entity' as defined in the TUPE regulations, so therefore she failed to show that there was any continuity of employment and she lacked sufficient qualifying employment to enable her to bring her claim for unfair dismissal.
- cases
23/03/2010 10:38
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Law Society v Secretary of State for Justice & Anor [2010] EWHC 352 (QB)
Judgment arising from claim by Law Society seeking clarification of whether TUPE applies to the creation of the Office for Legal Complaints and the transfer of workers to that body from the Law Society. Claim dismissed.
- cases
08/03/2010 12:29
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Parkwood Leisure Ltd v Mark Alemo-Herron & 23 Ors [2010] EWCA Civ 24
Appeal against decision by EAT to remit a dismissed claim back to the ET in litigation concerning TUPE and whether the new employer should be subject to pay deals and agreements negotiated by third parties after the date of the transfer. Appeal allowed.
- cases
30/01/2010 08:13
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KLT Water Engineering Limited v Irvine & Ors UKEATS/0005/09/BI
TUPE. Whether claimants who resigned asserting unfair constructive dismissal could direct their claims against a company to which the business of their employers transferred some 10 months later in circumstances where no transfer was in contemplation at the time of resignation. Appeal allowed.
- cases
25/01/2010 18:27
