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Can employment transfer from one company to another without the employee's consent? Comment Posted on 24/04/2012 14:37:00 \| Category: TUPE \| We all know that where TUPE applies, employment contracts automatically transfer from one employer to another, subject to the employee’s right to object. However, where TUPE is not relevant, old common law principles apply: the employment of an employee cannot be transferred from one employer to another without the employee’s consent. This principle was confirmed in t... read more...
Relocation of 6 miles - A substantial change to employees' material detriment? Comment Posted on 12/03/2012 17:29:00 \| Category: TUPE \| In the recent case of Abellio London v CentreWest London Buses, the Employment Appeal Tribunal (EAT) held that a relocation of 6 miles as a result of TUPE transfer was a substantial change in bus drivers’ working conditions to their material detriment. Accordingly, the EAT found that the bus drivers had been entitled to resign and, as such, could rely on regulation 4(9) and 4(11) of TUPE to ... read more...
Service provision changes: guidance on the meaning of an "organised grouping of employees" (EAT) Comment Posted on 01/03/2012 15:10:00 \| Category: TUPE \| The EAT has recently upheld an employment tribunal’s decision that a contract being outsourced from one contractor to another, did not, in the facts of that case, constitute a service provision change. Guidance was given on what an “organised grouping of employees” means for the purposes of TUPE regulations. An organised grouping cannot be evidenced by the fact ... read more...
When can employers vary contracts of employees who have transferred under TUPE? Comment Posted on 12/10/2011 15:13:00 \| Category: TUPE \| Regulation 4(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (“TUPE”) provides that if an employer seeks to vary an employee’s employment contract following a TUPE transfer, that variation will be void if the sole or principal reason is the transfer itself. In Smith v Trustees of Brooklands College, the claimants were originally emplo... read more...
TUPE: Red-circling terms not a breach of Equal Pay Comment Posted on 21/07/2011 12:58:00 \| Category: TUPE \| Under TUPE, transferring employees have the right retain their existing terms of employment. This can lead to problems under the Equal Pay legislation as it can result in a pay disparity between men and women. The EAT in Skills Development Scotland v Buchanan (2011) has now held that “red-circling” an individual’s pay, to comply with TUPE, can amount to a genui... read more...
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Can employment transfer from one company to another without the employee's consent?

Comment Posted on 24/04/2012 14:37:00 | Category: TUPE |

We all know that where TUPE applies, employment contracts automatically transfer from one employer to another, subject to the employee’s right to object. However, where TUPE is not relevant, old common law principles apply: the employment of an employee cannot be transferred from one employer to another without the employee’s consent. This principle was confirmed in t... read more...

Relocation of 6 miles - A substantial change to employees' material detriment?

Comment Posted on 12/03/2012 17:29:00 | Category: TUPE |

In the recent case of Abellio London v CentreWest London Buses, the Employment Appeal Tribunal (EAT) held that a relocation of 6 miles as a result of TUPE transfer was a substantial change in bus drivers’ working conditions to their material detriment. Accordingly, the EAT found that the bus drivers had been entitled to resign and, as such, could rely on regulation 4(9) and 4(11) of TUPE to ... read more...

Service provision changes: guidance on the meaning of an "organised grouping of employees" (EAT)

Comment Posted on 01/03/2012 15:10:00 | Category: TUPE |

The EAT has recently upheld an employment tribunal’s decision that a contract being outsourced from one contractor to another, did not, in the facts of that case, constitute a service provision change. Guidance was given on what an “organised grouping of employees” means for the purposes of TUPE regulations. An organised grouping cannot be evidenced by the fact ... read more...

When can employers vary contracts of employees who have transferred under TUPE?

Comment Posted on 12/10/2011 15:13:00 | Category: TUPE |

Regulation 4(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (“TUPE”) provides that if an employer seeks to vary an employee’s employment contract following a TUPE transfer, that variation will be void if the sole or principal reason is the transfer itself. In Smith v Trustees of Brooklands College, the claimants were originally emplo... read more...

TUPE: Red-circling terms not a breach of Equal Pay

Comment Posted on 21/07/2011 12:58:00 | Category: TUPE |

Under TUPE, transferring employees have the right retain their existing terms of employment. This can lead to problems under the Equal Pay legislation as it can result in a pay disparity between men and women. The EAT in Skills Development Scotland v Buchanan (2011) has now held that “red-circling” an individual’s pay, to comply with TUPE, can amount to a genui... read more...

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