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TUPE bites law firm

02 April 2009
Issue: 7363 / Categories: Legal News , TUPE
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Employment

 TUPE has been found to apply to solicitors firms, in the first case of its kind.
An employment tribunal ruled The Transfer of Undertakings (Protection of Employment) regulations applied where Southport firm Barnetts solicitors won a contract to do conveyancing from the Britannia Building Society. Six Lees Lloyd Whitley solicitors and support staff, who had worked on the Britannia contract, resigned when Barnetts took over the contract. They claimed Barnetts had repudiated their contracts.

In Royden v Barnetts, Barnetts argued that TUPE did not apply. The tribunal, however, unanimously held that two of Lees Lloyd Whitley’s employees had transferred.

The tribunal found Barnetts had unfairly dismissed two of the employees, and had failed in their duty to consult.

Issue: 7363 / Categories: Legal News , TUPE
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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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