Tag Archives: TUPE

Employer pension contributions count towards the calculation of a week’s pay

I have done my best to make this case report sound interesting and I like to think that even the most casual review of it will show that I have, well, failed. However, it is still important, especially for those involved in collective redundancy or TUPE consultations. Employers may need to revisit the potential cost … Continue Reading

A kiss is just a kiss, a sigh is just a sigh; the fundamental things apply, as time goes by, says EAT

What a remarkably prescient little message from the late Louis Armstrong to all those employers on the receiving end of a service provision change under TUPE.  Regulation 3 of TUPE says that a service provision change occurs where activities cease to be carried out by one business and are contracted-out, moved between external contractors or … Continue Reading

Who drove change of disciplinary direction? – When HR’s advice goes too far

Do you ever think that your line managers are making such a hash of a grievance or disciplinary process that it would be easier to do it yourself?  Do you watch in horror as they stumble blindly but unerringly towards what is clearly the wrong decision?  Are you tempted to give them a nudge in … Continue Reading

Helpful guidance on TUPE’s treatment of long-term sick employees

In almost every TUPE transfer, whether a business sale or a service provision change (SPC), you come eventually to the chap receiving permanent health insurance benefits.  The transferor has no need for him any longer and the transferee has no wish to bump up its own PHI premiums for someone who is seemingly never going … Continue Reading

The little-known part of the Agency Workers Regulations 2010 that helps put agency workers out of work

Not all fun and frolics for agency workers, as it turns out.  Amendments to the Transfer of Undertakings (Protection of Employment) 2006 and the collective redundancy provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 brought about by the Agency Workers Regulations (“AWR”) mean that an employer is now obliged as part of … Continue Reading

Rangers score own goal over TUPE

For a committed football fan such as this author, the mid-Summer (yes, apparently it is summer outside, though it is hard to tell through the rain) can be a depressing time. No more than a few days have passed since England’s usual exit from the last major footie tournament, but already fans are desperate for … Continue Reading
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