All blog posts
Showing 9 out of 9 results
UK: No service provision change under TUPE where client changes
The EAT has ruled for the first time that the service provision change provisions of TUPE cannot apply where the client to whom services are being …
UK: Employment law reforms - April 2012 government plans confirmed, new proposals and calls for evidence
The last month has seen a raft of government proposals for changes to employment laws. Details were included in a speech made by the Business …
UK: TUPE - consensual post-transfer harmonisation of terms may be effective where there is some other reason for the change
Two EAT rulings suggest that agreeing changes with TUPE-acquired staff putting them on the same employment terms as the transferee's indigenous workforce …
UK: Equal pay - employers may not need to freeze comparator's pay to remove TUPE-related pay disparity
Where a pay disparity arises on a TUPE transfer (eg, due to higher transferor pay levels), this may provide the transferee employer with a "material …
UK: TUPE - increased risks for transferees where employee terms set by collective agreement
The Supreme Court has referred to the ECJ the issue of employees' rights following a TUPE transfer where their contracts provide for pay to be set by a …
UK: TUPE - employees on garden leave can still transfer; liability for unfair dismissal awards on a pre-pack sale
The Court of Appeal has confirmed that an employee will not cease to be "assigned other than on a temporary basis" to a transferring business simply …
UK: TUPE - moderation not required in post-transfer redundancy selection
It may not be necessary for a TUPE transferee to attempt to moderate redundancy scores given by managers of the original and transferred workforces to …
UK: TUPE - local authority two tier code withdrawn; consultation on Fair Deal
The government has withdrawn the local authority Two-Tier Code (formally, the Code of Practice on Workforce Matters in Local Authority Service Contracts) …
UK: TUPE will always apply to transfer the employees of a business sold while in administration
The EAT has ruled that administrations are never to be viewed as "instituted with a view to liquidation", even if it is immediately clear to the …
Showing 9 out of 9 results
Key contacts

Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne

Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris