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15 September 2023 / Ian Smith
Issue: 8040 / Categories: Features , Employment
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Employment law brief: 15 September 2023

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Ian Smith tackles the latest on TUPE transfers & the importance of knowing the rules in misconduct cases
  • The date of transfer where there is a series of transactions.
  • Transferability of a share incentive plan on a relevant transfer.
  • The importance of specifying disciplinary rules in a misconduct case.

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) have been with us for 42 years, but their one-size-fits-all approach to the myriad of problems that can arise from all sorts of business transfers means that we still get cases either raising novel points or crossing t’s and dotting i’s on otherwise established rules. The last month has seen an example of each—the first in relation to how to determine the date of the transfer where it has been effected by a series of transactions over a considerable period of time; and the second in relation to the meaning of the transfer of rights and obligations arising not just under the contract of employment, but more widely in connection with

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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