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04 November 2010 / John McMullen
Issue: 7440 / Categories: Features , Employment
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TUPE or not TUPE

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Part 2: Collective issues on Tupe Transfers by Dr John McMullen

Under reg 6 of TUPE the transferee must continue the recognition of any independent trade union previously recognised by the transferor in respect of that undertaking or part. That obligation, however, is dependent upon the undertaking or part being transferred retaining a separate identity in the hands of a transferee. The first point to note is reg 6, requiring retention of a separate identity of the undertaking for the purposes of the transfer of representation of employees has different wording from the Acquired Rights Directive.

In contrast with reg 6, Art 6 of the Directive provides for the preservation of representation of employees where the undertaking or business or part of an undertaking or business preserves its autonomy. At first glance it might be thought that the word “identity” in reg 6 should be easily construed in line with “autonomy” but, as the Court of Justice of the European Communities has pointed out in Federación de Servicios Públicos de la UGT (FSP)

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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