Archives: TUPE

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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

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

Firm wins case at German Federal Labour court after ECJ ruling on TUPE

A team from our Frankfurt office has won a long-running transfer of undertakings case, Klarenberg v Minteq International GmbH.  Last month, the German Federal Labour Court (Bundesarbeitsgericht) decided in favour of our client, Minteq International GmbH, the German subsidiary of Minerals Technologies Group, following an important ruling made in the European Court of Justice (ECJ) … Continue Reading
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