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

137530
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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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