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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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