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02 December 2010 / John McMullen
Issue: 7444 / Categories: Features , Employment
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Out on your own?

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John McMullen reports on recent TUPE developments in the individual sphere

As well as providing interesting cases on the collective dimension of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) the summer of 2010 gave us a number of insights into the application of TUPE in the individual dimension. The purpose of this article is to note the more significant examples.

In Derrick Cyffin Jones t/a The Barley Mow Public House v Beardmore (EAT/0392/09), [2010] All ER (D) 152 (Nov) an employee worked on a farm run by Jones and his father in partnership. She worked part-time collecting and grading eggs and was paid on an hourly basis. Jones also had his own business, a small brewery and a public house known as The Barley Mow Inn. Early in 2008 egg production at the farm reduced and the employee did other duties at the farmhouse and, eventually, was offered work in Jones’s pub, combining cleaning work at the farmhouse and collecting eggs with work in the brewery and pub.

In July

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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