TUPE
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Visteon Engineering Services Ltd v Oliphant & Ors UKEAT/0010/13/BA
Appeal against an ET ruling that the claimants were entitled to a pay increase under their Mirrored Terms Agreement. Appeal dismissed.
- cases
08/08/2013 12:25
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Alemo-Herron and Others v Parkwood Leisure Ltd CJEU C-426/11
The CJEU has ruled that Article 3 of Directive 2001/23 must be interpreted as precluding a Member State from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer are enforceable against the transferee, where that transferee does not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.
- cases
22/07/2013 11:52
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USDAW v Ethel Austin Ltd (In Administration) UKEAT/0547/12/KN; USDAW & Anor v Unite The Union & Ors UKEAT/0548/12/KN
Appeal against a ruling that the claimants who had been dismissed for redundancy when the employers became insolvent were not entitled to a protective award because they worked in shops which employed fewer than 20 workers. Appeal allowed.
- cases
03/07/2013 13:52
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Country Weddings Ltd v Crossman & Ors UKEAT/0535/12/SM
Appeal against a ruling by the Tribunal that the first respondent to a claim of unfair dismissal and failure to comply with the TUPE regulations should bear the full liability of the compensation awarded. Appeal allowed.
- cases
28/06/2013 15:33
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Bangura v Southern Cross Healthcare Group PLC & Anor UKEAT/0432/12/RN
Appeal against a decision that the transferee organisation should not be joined as a second respondent to the claimant’s claims of unfair dismissal and race discrimination. Appeal dismissed.
- cases
16/05/2013 16:18
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Shields Automotive Ltd v Shields & Anor UKEATS/0059/12/BI
Appeal against the awards made to two claimants where the respondent had failed to comply with the regulation regarding the election of employee representatives in a TUPE transfer. Appeal allowed.
- cases
16/05/2013 16:17
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I Lab Facilities Ltd v Metcalfe & Ors UKEAT/0224/12/RN
Appeal against a ruling that the claimants were entitled to a protective award because the respondent was in breach of the obligations to inform and consult under regulation 13 of TUPE. Appeal allowed.
- cases
29/04/2013 10:44
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Beynon v Crash Accident Repair Services Ltd UKEAT/0255/12/JOJ
Appeal against a finding that there had been no relevant transfer of employment to the respondent, thus limiting the claimant’s continuity of employment and consequently compensation in respect of unfair dismissal and other entitlements such as holiday pay. Appeal allowed.
- cases
26/04/2013 17:40
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Durrani v London Borough of Ealing UKEAT/0454/2012/RN
Appeal against the dismissal of the claimant’s claim of victimisation and against a ruling about the proper respondent to the claims. Appeal dismissed.
- cases
14/04/2013 18:59
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Oxford Health NHS Foundation Trust v Laakkonen & Ors UKEAT/0536/12/BA
Appeal against a finding that the claimants were unfairly dismissed, that two had suffered indirect discrimination, against the award of a basic award when reinstatement had been ordered and against the award of childcare expenses incurred. Appeal allowed in relation to the basic award.
- cases
28/03/2013 14:14