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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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 TUPE: 'vanishing dismissal'?
 
Kate_Atkinson
99 posts
Joined
1/4/2006

TUPE: 'vanishing dismissal'?
Posted: 28 Apr 06 12:42 PM Modified By Kate_Atkinson  on 4/28/2006 12:42:41 PM)

This week Buddy was asked:in relation to TUPE, I keep hearing the term "vanishing dismissal". Please can you clarify what is meant by this.

Kate_Atkinson
99 posts
Joined
1/4/2006

Re: TUPE: 'vanishing dismissal'?
Posted: 10 May 06 9:26 AM

Buddy says:Where employees are dismissed for misconduct prior to a TUPE transfer but are reinstated on appeal after the transfer, the employees will be deemed to have been employed immediately before the transfer. Hence the transfer vanishes! The employees transfer under TUPE.

Employer information:Employers should note that employees that transfer under TUPE retain their continuity of service. All rights and responsibilities of the transferor pass to the transferee which 'steps into the shoes' of the transferor as employer. It is important that transferees find out about liabilities that may be inherited.

The new TUPE regulations (April 2006) require transferors to supply transferees with specific information including:

  • names and ages of employees
  • employee terms and conditions
  • claims, grievances, disciplianries over the last two years
  Discussions  Buddy's question time  TUPE: 'vanishin...
 
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