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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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