Posts Tagged ‘TUPE’
TUPE & Administrations
Just before we all went off for our break there were two important Employment Tribunal cases involving companies in administration.
TUPE is a minefield as it is when there is a company transaction involved. It’s easy for an employer to come a cropper. Throw into this heady mix one side that is, or has been, in administration and it’s ever more complicated.
We are, therefore, grateful to Dechert LLP for their employment law update that sets out a good summary of the cases and where we stand now in this area. You can click through to the summary here.
As always with these cases the cost of a good legal adviser is a sound investment.
Steve Clark
Retirement, Sick Leave & TUPE
We must admit it’s getting really difficult to keep up to speed with all of the cases that are around in the UK and Europe on key issues that you need to be aware of.
To help make sense of it all DMH Stallard produce their Employment Law Radar. This publication covers cases that you should be aware of as well as consultations on the go. It’s like cramming for your homework before an exam. All the facts that you need to know in one place. We strongly recommend that you click here and have a look.
It may well be the best 15 minutes that you spend today!
There’s a quick “heads up” on forthcoming cases in the European Court of Justice and Supreme Court that may shed some light on Sick Leave and Holidays and Justification for Compulsory Retirement.
Steve Clark
A Supreme Effort for TUPE Case
An interesting case is developing in the world of TUPE. If you are involved in TUPE transfers of employees from the public sector then it’s certainly worth keeping an eye on.
The case concerns a group of employees who brought claims for unlawful deduction of wages. They were initially employed by a local authority, and were transferred to a private sector employer under TUPE.
Their contracts of employment provided that their “terms and conditions of employment will be in accordance with collective agreements negotiated from time to time by the National Joint Council for Local Government”. The employees argued that after their transfer, their private sector employer was bound by the provisions of collective pay agreements negotiated in the local authority sector, even where the collective agreement was negotiated after the date of transfer.
Well the case made it to the Supreme Court who, unable to decide on the case, has referred it to the European Court of Justice. If the European Court of Justice rules in favour of the claimants then it could have serious implications for employers who have transferred employees on the basis that they could negotiate their own pay agreements.
As is always the case don’t expect anything soon from the European Court of Justice. However, watch this space as this one has the potential to jump up and bite you at a later date.