SLIDE 1
TUPE – an update
Lee Jefcott – Employment Lawyer
What is TUPE ? – a reminder
- Transfer of Undertakings (Protection of
Employment) Regulations 2006
TUPE an update Lee Jefcott Employment Lawyer What is TUPE ? a - - PowerPoint PPT Presentation
TUPE an update Lee Jefcott Employment Lawyer What is TUPE ? a - - PowerPoint PPT Presentation
TUPE an update Lee Jefcott Employment Lawyer What is TUPE ? a reminder Transfer of Undertakings (Protection of Employment) Regulations 2006 TUPE Its right that workers should be protected when they transfer to a new
SLIDE 2
SLIDE 3
TUPE
- It’s right that workers should be protected when they
transfer to a new employer but the current rules are needlessly prescriptive, unclear and go far beyond EU requirements. We’ve long argued for a radical simplification to avoid situations where staff do the same job but have completely different pay, leave, working hours and pensions. Such complexity dampens business innovation and growth, which we can ill afford when the economy is struggling”
- Neil Carberry, CBI Director of Employment and
Skills
SLIDE 4
TUPE – current uncertainties
- When does TUPE apply?
- Who transfers?
- What transfers?
- How do we manage staff post transfer?
SLIDE 5
Service Provision Change
- Client designated teams now a prerequisite
- Eddie Stobart Limited v Moreman and others
UKEAT 0223/11
SLIDE 6
Service Provision Change
- Fragmentation will disrupt a transfer
- Kimberley Housing Group v Hambley EAT 2008
SLIDE 7
Service Provision Change
- Is there scope to alter the nature of the contract?
- Enterprise Managed Services Ltd v Connect Up
Ltd [2012] 190 EAT
SLIDE 8
Service Provision Change
- Supply of goods exemption
- Pannu and others v Geo King (in liquidation) and
- thers [2011] EAT
SLIDE 9
Service Provision Change
- “Single specific event or task of short term
duration”
- Liddell’s Coaches v Cook [2012] EAT
SLIDE 10
Post transfer issues
- Insisting on a change of work location is risky
- Abellio London Ltd v Musse and others [2011]
EAT
SLIDE 11
TUPE – the future?
- Abolition of service provision change
- Post transfer change of job location
- Employee liability information
- Duty to inform and consult
- Micro businesses
SLIDE 12
Thanks for listening
- Disclaimer - The contents of this presentation are provided for
general guidance only and do not constitute legal advice
- (c) 2013 Brabners LLP
Lee Jefcott Employment Lawyer Brabners LLP 0161 836 8898 Lee.jefcott@brabners.com