header-logo header-logo

18 November 2020 / John McMullen
Issue: 7911 / Categories: Features , Employment , TUPE
printer mail-detail

Safeguarding employee’s rights—the fight goes on

32364
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

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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll