Keeping up with the Joneses (& TUPE)!

Employment lawyers wondering what reading matter to pack as they head for their foreign holidays might well be advised to include a copy of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE). Not only will this look incredibly cool on trendy beaches, transforming them instantly from nerds into babe/hunk magnets, but it might even give them an outside chance of keeping up with the law in this notorious area. Two cases are reported in this month’s column, both on basic questions which in any sane area of law would have been settled 20 years ago.

Also selected this month are a Court of Appeal decision on an important point on the definition of indirect discrimination and a rare case on the Information and Consultation of Employees Regulations 2004 (SI 2004/ 3426) which shows a distinction from the much more widely used rules on collective redundancy consultation, which could be doubly disadvantageous to employees.

TUPE (1)

One requirement of a service provision