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18 November 2020 / John McMullen
Issue: 7911 / Categories: Features , Employment , TUPE
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Safeguarding employee’s rights—the fight goes on

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Controlling the abuse of TUPE, outlined by John McMullen

In brief

  • Daddy’s Dance Hall rule: employees protected from a detriment suffered as a result of a transfer of an undertaking and protected from having to waive any of their rights.
  • Power v Regent Security Services Ltd: the Daddy’s Dance Hall rule only applied to prevent variations by reason of the transfer which were to the detriment (as opposed to favourable variations) of the employee, under TUPE 1981.
  • TUPE 2006, reg 4(4): consolidating the Daddy’s Dance Hall rule.
  • Ferguson v Astrea Asset Management Ltd: when directors/employees improved their contractual benefits in view of a pending transfer these variations were either void or fell foul of the EU abuse of law principle.

How many times have your clients taken a transfer of an undertaking, where the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (SI 2006/246) apply, only to find salaries and benefits of transferring employees were suddenly inflated before the transfer, thereby passing these responsibilities

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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