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
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
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
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
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
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
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
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
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 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
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
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 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
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
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
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
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 . .