header-logo header-logo

11 April 2019 / John McMullen
Issue: 7836 / Categories: Features , Employment , TUPE
printer mail-detail

How & why not all transfers are TUPE transfers

John McMullen navigates the Employment Rights Act to find a solution to complex transfers

  • ‘Successor’ employers and re-employment orders.
  • Transfers between associated employers.
  • A baffling question for employees.

Whenever employees are transferred from one employer to another, the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (SI 2006/246) are the practitioner’s first port of call. However, not all cases of transfer of employment involve a TUPE transfer. In such cases the provisions of the Employment Rights Act 1996 (ERA 1996), preserving statutory continuity of employment in certain instances of transfer of employment, may be an important consideration. These provisions apply irrespective of whether there is a TUPE transfer. In this article we discuss two recent cases in this area. The first concerns the power of employment tribunals to order re-engagement of an unfairly dismissed employee, either by the dismissing employer or by a successor of that employer, under ERA 1996, s 115(1). The key legal issue here is what exactly a ‘successor’ means. The second

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll