header-logo header-logo

08 November 2007
Issue: 7296 / Categories: Legal News , TUPE
printer mail-detail

Court rejects artificial use of TUPE

News

The Transfer of Undertaking (Protection of Employment) Regulations (TUPE) and the acquired rights provisions do not confer additional benefits on employees or improve their situation, the Court of Appeal has ruled.
In Jackson v Computershare Investor Services plc the appeal court confirmed that TUPE does not give a transferred employee access to employment benefits other than those which the employee was entitled to before the transfer of the undertaking.

When Jackson joined Ci in January 1999, there were no terms relating to enhanced redundancy or severance payments in her contract of employment. In June 2004 her employment contract was transferred, under TUPE, to CIS which had an enhanced redundancy scheme. However, this drew a distinction between pre-March 2002 joiners and new entrants after 1 March 2002.

David E Grant, a barrister at Outer Temple Chambers, says the Court of Appeal rejected what it called the attempt to make artificial use of TUPE.
“Although it is unlikely that there will be further attempts to rely upon TUPE in this way,” he says, “the Court of Appeal is due to give judgment in Power v Regent Security Services Ltd on the question of whether an employee can rely upon the terms in his original contract of employment.”

Issue: 7296 / Categories: Legal News , TUPE
printer mail-details

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll