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Employment law brief: 15 September 2023

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

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
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