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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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