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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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