The tribunal outlined the correct approach to article 8 of the regulations: ‘Regulation 8, however, is of significance in the present case. Regulation 8(1) provides for the case where an employee either of the transferor or the transferee is dismissed, whether before or after the date of transfer. If the reason or principal reason for … Continue reading Anderson v Dalkeith Engineering Ltd: EAT 1985
The applicant’s employers were in financial difficulties, and the businesses were to be sold. The buyer and seller agreed that only a certain number of employees would come into the business, and the applicant, among others, was dismissed. The . .
Employees within a unit employed to satisfy requirements of a contract in one firm had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was transfer of undertaking. Citations: Times 10-Jun-1998 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No … Continue reading ECM (Vehicle Delivery Service) Ltd v Cox and Others: EAT 10 Jun 1998
The rights acquired by an employee in a transfer of undertaking were not capable of being waived by him, and remained exercisable against a transferee of an undertaking, despite the contents of any contract with the business purchaser. Citations: Gazette 18-Nov-1998, Times 22-Oct-1998, Gazette 11-Nov-1998, [1998] EWCA Civ 1551 Statutes: Transfer of Undertakings (Protection of … Continue reading Credit Suisse First Boston (Europe) Limited v Lister: CA 16 Oct 1998
It is inconsistent with the TUPE regulations to seek to use them to improve an employee’s terms and conditions. Judges: Mummery LJ, Maurice Kay LJ, Wilson LJ Citations: [2007] EWCA Civ 1065, [2008] ICR 341, [2008] IRLR 70 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Citing: Appeal … Continue reading Jackson v Computershare Investor Services Plc: CA 30 Oct 2007
A dismissal of employees by administrative receivers just before the sale of a company as going concern was a redundancy outside the protection given by the TUPE provisions. ‘in view of the facts found by the tribunal about the appointment of the receivers, the dire financial straits in which Microsystems found itself and the urgent … Continue reading Warner v Adnet Limited: CA 26 Feb 1998
Citations: [2004] EWCA Civ 693 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Employment Updated: 09 November 2022; Ref: scu.198197
The acquired rights directive applies to a board of governors of a school since it is an ’emanation of state’. LMA This was a claim by teachers who had lost their jobs. They claimed the protection of te hDirective. Held: The governing body of the voluntary aided school was an emanation of the State. The … Continue reading National Union of Teachers and others v Governing Body of St Mary’s Church of England (Aided) Junior School and others: CA 12 Dec 1996
A new company which is doing the same task with the same employees as a former company has been involved in a transfer of undertaking under the Regulations. Citations: Times 27-May-1994, [1994] IRLR 336 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Jurisdiction: England and Wales Citing: Appeal from – Dines … Continue reading Dines and Others v Initial Health Care Services Ltd and Another: CA 27 May 1994
Appeal against dismissal of claim for unlawful deduction from wages after TUPE transfer. Whether there had been a TUPE transfer. Citations: [2007] EWCA Civ 294, [2007] ICR 1350 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Employment Updated: 15 October 2022; Ref: scu.250693
The legislative purpose of the provision of information as to a proposed transfer of an undertaking is to facilitate proper and effective consultation, though the transferor need only inform of those measures which he actually envisages will be implemented. Millett J said: ‘The consultations referred to in the opening words of subsection (6) are voluntary … Continue reading Institute of Professional Civil Servants (IPCS) v Secretary of State for Defence: ChD 1987
Where a receiver of a company dismissed the employees and then transferred the business to a purchaser, that amounted to an unfair dismissal because it was a TUPE transfer, even though the manufacturing base also moved. The company was liable to the employees. Neither whether there was an economic technical or organisational reason nor the … Continue reading Kerry Foods Ltd v A Creber and others: EAT 11 Oct 1999
There was no reason in principle why the work carried out by a single person could not itself be a sufficient ‘stable economic entity’ to generate protection under the Regulations. Citations: [2003] IRLR 260, Gazette 10-Jul-2003 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Employment Updated: 07 September 2022; Ref: … Continue reading Dudley Bower Building Services Ltd v Lowe and others: EAT 10 Jul 2003
The claimants had been employed by a company with a normal retirement age of 60. The company was sold to British Airways, wher eh normal age was 55. On being obliged to retire the claimed unfair dismissal. They now appealed dismissal of that claim. Held: The applicable normal age of retirement under an employment contract … Continue reading Cross, Gibson v British Airways Plc: CA 11 May 2006
Judges: Roch, Potter, Moore-Bick LJJ Citations: [1999] EWCA Civ 3050, [2000] IRLR 183, [2000] 1 CMLR 647, [2000] Ed CR 246, [2000] 1 All ER 996, [2000] ICR 405 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 5 Jurisdiction: England and Wales Employment Updated: 04 September 2022; Ref: scu.431614
The employers went into receivership in November 1983. A number of the employees were made redundant but the receiver hoped to carry on with the remaining workforce until February. However, a major customer threatened to withdraw its custom unless the undertaking had been sold as a going concern by 24 November. Negotiations for a sale … Continue reading Secretary of State for Employment v Spence: CA 1986
The employees appealed against dismissal of their equal pay claims. They said that having been transferred under a TUPE arrangement, and now having to claim against the new employer, they argued that the six months time limit started from the time of the transfer. Held: The appeal failed. The TUPE regulations would not put an … Continue reading EA Gutridge and Others v Sodexo and Another: CA 14 Jul 2009
The TUPE regulations do not stop a dismissal of employees (though it still might constitute unfair dismissals) before a relevant transfer of an undertaking. Citations: Times 18-Jul-1997, Gazette 03-Sep-1997, [1997] EWCA Civ 2079 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Jurisdiction: England and Wales Employment Updated: 24 July 2022; Ref: … Continue reading Wilson and others v St Helens Borough Council and Sanders and Another v St Helens Borough Council: CA 10 Jul 1997
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009
Although regulation 4 went beyond the obligations imposed by the Directive, it was intended to protect employee rights who were employed by companies which were hived down. In this case the sale of the business to a subsidiary and then onto a third party was to be treated as one transaction, and the regulations applied. … Continue reading In Re Maxwell Fleet and Facilities Management Ltd: ChD 10 Feb 2000
Citations: [2008] EWCA Civ 381 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Employment, Insolvency Updated: 14 July 2022; Ref: scu.266957
EAT Equal pay Act – Out of time The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with their pension rights. Subsequently, NUPE transferred to Unison by way of a trade union amalgamation. The claimants brought their … Continue reading Unison v Allen and others: EAT 26 Jul 2007
Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006
EAT Transfer of Undertakings: Transfer and Continuity of Employment Relevant transfer under TUPE – employees dismissed for misconduct with internal appeals pending at date of transfer. Appeals heard by Transferor and allowed; reinstatement directed. Whether employed by Transferor immediately before transfer and employment transferred to Transferee. Judges: His Honour Judge Peter Clark Citations: [2006] UKEAT … Continue reading G4S Justice Services (UK) Ltd v Anstey and others: EAT 30 Mar 2006
EAT The employees appealed against a finding that there had been no transfer of an undertaking when their service business had been sold and they had been dismissed. Held: The appeal failed. No assets, physical or otherwise had been transferred: ‘we can see no reason to doubt the Tribunal’s conclusion that there was no transfer. … Continue reading ADI (UK) Ltd v Willer and others: EAT 18 Apr 2000
TUPE Judges: Hale, Pill, Mummery LJJ Citations: [2002] EWCA Civ 464, [2002] IRLR 401, [2002] ICR 751, [2002] 2 CMLR 34, [2002] Emp LR 690 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Citing: Appeal from – RCO Support Services Ltd, Aintree Hospital Trust v Unison v Binns … Continue reading RCO Support Services Ltd v Unison and others: CA 12 Apr 2002
The employee’s employment had been transferred to the respondent subject to his terms and conditions as with the local authority employer. Those terms included a clause applying normally national agreed rates of pay, but subsequent increases had not been applied. Held: The term meant that the national rate of pay could be imposed without consultation, … Continue reading Graham v Glendale Management Service Ltd: CA 16 May 2003
Citations: [1998] UKEAT 484 – 97 – 1902, EAT/484/97 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Citing: Cited – BET Catering Services Ltd v Ball and others EAT 28-Nov-1996 Mrs Ball was an employee of a London Borough whose contract incorporated the NJC conditions. Following her TUPE … Continue reading Glendale Grounds Management v Bradley: EAT 19 Feb 1998
Appeal by way of case stated against the decision of an industrial tribunal dated 9 August 1999, whereby it dismissed the appellant’s claim against the respondent for compensation for sex discrimination and/or victimisation. The net issue in the appeal is whether an employee who has brought a complaint of such treatment against her employer is … Continue reading Clarke v Mediguard Services Ltd: CANI 25 Feb 2000
EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council’s changed arrangements was to thwart TUPE and hence that the ECM point should have been injected into the (otherwise correctly applied) Spijkers test. Appeal dismissed. Judges: The Honourable Mr Justice Burton … Continue reading Astle and others v Cheshire County Council and Omnisure Property Management Ltd: EAT 20 May 2004
A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity. Held: The regulations did not require that in order to be governed by the regulations, a business transferred had to be a discrete entity. Judges: Lord Justice May Lord Justice Mummery … Continue reading Fairhurst Ward Abbotts Limited v Botes Building Limited and others: CA 13 Feb 2004
The tribunal was asked whether Regulation 5 of the 1981 Regulations have the effect of transferring to the transferee the duties and liabilities imposed on the employer under Regulations 10 and 11? The Respondent (Alamo) appeals from the decision that Regulation 5 rendered them, as transferees, liable for the default of the transferor. Judges: Altman … Continue reading Alamo Group (Europe) Ltd v Tucker and Another: EAT 24 Feb 2003
ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations. Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a location and in circumstances, and the EAT found an economic entity. The state of the … Continue reading ADI (UK) Limited v Firm Security Group Limited: CA 22 Jun 2001
Where an undertaking was transferred, existing liabilities arising out of the employment were transferred notwithstanding that these liabilities were not contractual. A claim for personal injuries became the responsibility of the new employer. At the same time, the right of the first employer to indemnity from his insurers was also transferred to the new employers. … Continue reading Martin v Lancashire County Council Appeal (and Cross Appeals) Bernadone v Pall Mall Services Group and Haringey Healthcare Nhs Trust and Independent Insurance Ltd: CA 16 May 2000
Employees within a unit, who were employed to satisfy requirements of a particular contract in one firm, had the right to transfer to a different firm which wrested the contract from the original employers. The arrangement of changing the contract was a transfer of an undertaking within the Regulations. Mummery LJ summarised the issue as … Continue reading ECM (Vehicle Delivery) Services Ltd v B Cox and others: CA 22 Jul 1999
A transfer of undertaking was conditional upon a reduction in the workforce, so that a dismissal which followed the transfer was for an ‘economic, technical, or organisational’ reason entailing a change in the workforce’. The transfer was the occasion of the job loss, but not the cause or reason for that deduction. The dismissal was … Continue reading Whitehouse v Chas A Blatchford and Sons Ltd: CA 29 Sep 1999
The transfer of a department of the council providing utility services to the council to a private company, may be subject to ‘transfer of undertaking’ rules. 27/05/1993 Citations: Times 18-Aug-1993, [1993] UKEAT 386 – 92 – 2705 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Local Government, Employment Updated: … Continue reading Wren and Others v Eastbourne Borough Council and Another: EAT 18 Aug 1993
Variation of employment terms which arose on a transfer of an undertaking were ineffective. Mummery P J said: ‘It is also an error on the part of the tribunal to conclude that the affirmation of the contract by the subsequent conduct of the parties avoids the mandatory effect of reg. 5(1), interpreted in accordance with … Continue reading Wilson and Others v St Helens Borough Council: EAT 10 Apr 1996
The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998
TUPE regulations grant rights against new employers only, and not against the old employers. Citations: Times 09-May-1995 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Jurisdiction: Scotland Employment Updated: 20 May 2022; Ref: scu.89563
‘The decision in the Commission’s case was on the basis of a concession made by the United Kingdom that non-profit-making organisations are excluded by the Regulations. That concession is not binding on the parties, or on the industrial tribunal or on this tribunal. No such concession has been made by the parties in this case. … Continue reading Birch v Nuneaton and Bedworth Borough Council: EAT 1995
The claimants worked for Rotaprint when it went into receivership in 1988, and then for the receiver before being transferred to Pan Graphics. Statutory redundany payments were made on the receivership of Rotaprint. The claimants sought further redundancy payment on the insolvency of Rotaprint. The Secretary now appealed the decision of the EAT that payments … Continue reading Lassman and Others v Secretary of State for Trade and Industry: CA 19 Apr 2000
Sex Discrimination claim persisted through transfer of undertaking. Citations: Times 22-Nov-1995 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Discrimination Updated: 19 May 2022; Ref: scu.80072
A dismissal after the transfer of an undertaking was not unfair when at the same time the old terms of employment remained in effect. Compensation would be awarded for the dismissal and the new terms would be applied to the new contract. Citations: Times 10-Mar-1998 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 … Continue reading Cornwall County Care Ltd v Brightman and Others: EAT 10 Mar 1998
Where a transfer of a business had been arranged by way of a transfer of shares rather than of the business and particularly in order to avoid the Regulations, the transfer of shares took effect as a transfer of the undertaking and so the regulations caught the transaction, even though the Directive made no mention … Continue reading Brookes and 334 Others v Borough Care Services and CLS Care Services Ltd: EAT 4 Aug 1998
Where an undertaking was transferred, and there remained outstanding a liability of the employer to an employee for damages for personal injuries, even though not pleaded under Health and Safety legislation, was transferred to the transferee by virtue of the regulations to the new employer where the liability may also have arisen by virtue of … Continue reading Bernadone v Pall Mall Services Group Ltd and Others: QBD 2 Aug 1999
The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved … Continue reading Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001
Popplewell J said: ‘We are however faced with what, at any rate, appear to be two conflicting Court of Appeal decisions. It is clear to us that ‘the time of transfer’ must be construed in the same way in relation to the Employment Protection (Consolidation) Act 1978 as to the Transfer of Undertakings (Protection of … Continue reading Brook Lane Finance Co Ltd v Bradley: EAT 1988
In a transfer of undertakings, where the employee could show that the transfer of his employment to a new employer would lead to a real detriment, the transfer operated to entitle the employee to terminate his contract vis a vis the first employer and to claim damages for wrongful dismissal. The regulations had to be … Continue reading Humphreys v Oxford University: CA 18 Jan 2000
A teacher employed within a local authority school was an employee of the authority and not of the school itself. Where an authority cease to maintain a junior and middle school and opened a new school he was properly made redundant. The transfer of undertakings regulations did not apply in his case. Citations: Gazette 02-Sep-1999, … Continue reading Governing Body of Clifton Middle Schooland others v Askew: CA 2 Aug 1999
The claimants had had their employments transferred to another body under TUPE. They complained that their pension rights had been discriminatory. The employer appealed a finding that their claim had not been out of time. Held: The effect of the Regulations was to transfer all employment rights unchanged save only the pension obligations. The pension … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004
(Second Division of the Inner House of the Court of Session) Twelve applicants worked for an employer who went into insolvent receivership. The receivers agreed to sell the business assets. An hour before completion the workers were dismissed and handed letters stating that no payments would be made for holiday pay or damages for failure … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: SCS 1988
The applicant’s job was ‘out-sourced’ with the effect that his earnings were considerably reduced. He reluctantly accepted new conditions. It was wrongly understood by all parties at the time that the change was governed by the regulations. He claimed damages for an unlawful deduction of wages in respect of the diminution. The tribunal decided it … Continue reading B L Bhatia v Wincanton Logistics: EAT 23 Jul 2001
The appellants claimed to have been unfairly dismissed. They had been owners, through a discretionary trust, of a company sold to the respondents. They claimed also to have been employees. Following the sale, they were dismissed, and they asserted this arose from a relevant transfer. They had been paid salary, but had no formal contract. … Continue reading Bunting and Others v Hertel (Uk) Ltd: EAT 28 Jun 2001
EAT Transfer of Undertakings – Transfer. Judges: The Honourable Lord Johnston Citations: EAT/103/01, [2001] IRLR 597 Links: EAT Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Citing: Not Followed – Kerry Foods Ltd v A Creber and others EAT 11-Oct-1999 Where a receiver of a company dismissed the employees and then transferred the business … Continue reading Transport and General Workers Union v James Mckinnon, J R (Haulage) Ltd, John Maitland and Sons, Bibby Distribution Services: EAT 29 May 2001
Fear of transfer terms was insufficient to found claim of unfair dismissal on its own; TUPE regulations gave some protection. Citations: Times 05-Dec-1996 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Employment Updated: 10 April 2022; Ref: scu.89282
Where an employee was dismissed by a receiver before the receiver entered into negotiations for the sale of a business, he was dismissed as part of a transfer. The word ‘transfer’ did not have to relate to a particular deal. Citations: Gazette 16-Sep-1998, (1998) IRLR 499 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 … Continue reading Morris v John Grose Group Limited: EAT 16 Sep 1998
A transfer of an exclusive dealership contract but without transfer of any physical assets could still be a transfer of an undertaking within the meaning of the regulations. Citations: Times 21-Mar-1996 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Employment, European Updated: 09 April 2022; Ref: scu.83663
An employee dismissed on a transfer of a business may claim for Unfair Dismissal with less than two years service. Citations: Independent 18-May-1995, Times 10-May-1995 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Employment Updated: 09 April 2022; Ref: scu.83727
Employees’ rights safeguarded under Community Law following tendering. Citations: Times 06-Apr-1993 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Employment Updated: 09 April 2022; Ref: scu.82733
A dismissal made when a business transfer was merely being contemplated was not a dismissal ‘by reason’ of a transfer within the TUPE regulations. Citations: Times 29-Jul-1994, Ind Summary 26-Sep-1994 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Employment Updated: 08 April 2022; Ref: scu.81590
Transferee of undertaking is liable under the regulations even though the identity of the transferee had not been identified at date of assignment. Citations: Times 25-Mar-1997 Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) Employment Updated: 08 April 2022; Ref: scu.80349
The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation transferred to the transferee. Held: It is the duty of a UK court to construe a statute, so far as … Continue reading Litster and Others v Forth Dry Dock and Engineering Co Ltd: HL 16 Mar 1989
The employees asserted unauthorised deductions from their wages. The company appealed against an order re-instating their claims. When employed by the council, the claimants had the right to pay increases in accordance with rates set by national negotiations, and claimed the benefit of increases negotiated after they had been transferred to the appellant. The employer … Continue reading Parkwood Leisure Ltd v Alemo-Herron and 23 Others: CA 29 Jan 2010
There was no transfer of undertaking where only the employees and no other assets of the business had been transferred. Times 01-Apr-1997, [1997] EWCA Civ 1340, [1997] ICR 792, [1996] IRLR 45, [1997] 2 All ER 840, [1998] 2 CMLR 22 Bailii Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794) England and … Continue reading Betts and others v Brintel Helicopters Ltd and KLM Era Helicopters (UK) Ltd: CA 26 Mar 1997
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
The applicants worked for the first respondent cleaning a certain set of offices. The company lost the contract to the second respondent. They claimed that their had taken place a transfer of undertakings within the regulations. They appealed a . .
References: Times 18-Aug-1993 The transfer of a department of the council providing utility services to the council to a private company, may be subject to ‘transfer of undertaking’ rules. Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)