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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