Regulation 7(1) of TUPE usually makes a dismissal automatically unfair if it is for a reason connected with the business transfer. But what if the reason for the dismissal is actually good old personal dislike and the transfer is just the context in which it surfaced?… Continue Reading
“The system will not work if people think they can ignore court orders and destroy evidence. Those who so can expect terms of imprisonment.” Mr Dadi was an employee of OCS, an aviation cleaning contractor working at Heathrow for (amongst others) British Airways. OCS lost the British Airways contract to a competing firm Omni Serv … Continue Reading
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
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
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
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
When a client asks you to take one of your staff off its account, you will tend to jump to it – the client is always right, even when it’s wrong, and you can hopefully find the displaced employee a berth on another account, no harm done. However, where the client is asking you to … Continue Reading
It is a fact of life that whatever goes up will normally come back down (but not necessarily vice versa). Nowhere is this more keenly felt than in the world of British football, where those clubs that just about stay in the Premier League reap riches that would be the envy of Plutus, Ancient Greek … Continue Reading
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
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
