TUPE
UK: no breach of TUPE information and consultation duties where a transfer does not go ahead
TUPE imposes an obligation on a transferor to inform and consult representatives for its own “affected” employees. Previous case law has established that transferor employees may be “affected” even if they do not transfer, for example if some of the … Continue reading
Filed under Jurisdiction: UK, TUPE
Important change for hotel, café and restaurant businesses in France: automatic transfer of employees on a change in service providers
There has been an important change to the provisions of the national collective bargaining agreement applying to all hotel, café and restaurant businesses in France, following an agreement reached between the employer and employee representatives of industries in this sector … Continue reading
Filed under Jurisdiction: France, TUPE
UK: Employment law reforms: revised timetable
The Government has published revised timings for some of the employment law changes in the pipeline, available here. It appears that restricting changes to the April/October schedule has been abandoned for the time being.
UK: TUPE/collective redundancies: employers must provide agency worker information
In October 2011 the obligations to provide information to union/ employee representatives on a TUPE transfer or when proposing collective redundancies were amended to require information to be given about the employer’s use of agency workers throughout its business. A … Continue reading
Filed under Jurisdiction: UK, Redundancy, TUPE
UK: new consultations on (i) proposals to amend TUPE (ii) early conciliation of claims; new occupational health proposals
The Government yesterday published two new consultations on proposed reforms to employment law. The first includes very significant proposed changes to TUPE in response to the ‘call for evidence’ last year:
Australia: Changes to Fair Work legislation
There have been recent changes to the Fair Work legislation in the following areas: transfer of business bargaining time limitations for unfair dismissal and general protections claims costs superannuation default funds in modern awards, and the operation of the Fair … Continue reading
Filed under Australia, Trade unions and works councils, TUPE
TUPE: scope of service provision change discussed
The service provision chance (SPC) limb of TUPE does not apply where the activities are in connection with “a single specific event or task of short-term duration”. There have been conflicting EAT views as to whether this only applies when … Continue reading
Filed under Jurisdiction: UK, TUPE
UK: Court of Appeal confirms no service provision change where client changes
The Court of Appeal has upheld the EAT’s decision that the service provision change provisions of TUPE cannot apply where the client to whom services are being provided changes at the same time as the change in service provider. This … Continue reading
Filed under Jurisdiction: UK, TUPE
Employment law reform: response to call for evidence on TUPE
The Government Response on the effectiveness of TUPE has been published. It highlights the areas of concern raised by various stakeholders and states that there will now be a period of policy development and stakeholder engagement leading to a further public … Continue reading
Filed under Employment law reforms, Jurisdiction: UK, TUPE
TUPE: changes to terms against background of redundancies not for ETO reason
The fact that a harmonisation of employment terms takes place against a backdrop of possible redundancies does not necessarily mean that the employer can establish a fair “ETO reason” for dismissing any refuseniks and re-engaging them on the new terms. … Continue reading
Filed under Jurisdiction: UK, TUPE