TUPE requires employee's knowledge of transfer
Article Abstract:
The Employment Appeal Tribunal's (EAT) interpretation of regulation 5 of the Transfer of Undertakings Regulations, which covers the issue of employment protection, in the case of an employee's unfair dismissal complaint against Photostatic Copier, is problematic. The employee's complaint was based on the fact that he was not aware of the transfer of undertaking from Photostatic Copiers to Japan Office Equipment. The EAT applied the Trade Union Reform and Employment Rights Act 1993's amendment of regulation 5 and concluded that it cannot be applied to employees' contract unless they are informed about the transfer.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Fundamental changes in business preclude transfer
Article Abstract:
The Employment Appeal Tribunal refused the appeal of two employees in the case of Mathieson and another v. United News Shops Ltd. because the transfer of undertakings regulations could not be applied to the case. United News Shops won a contract to open a shop in Aberdeen Royal Hospital NHS Trust. Although there had been an earlier shop at the hospital, the scope of the two enterprises was vastly different and so the employees could not claim that they had been denied their right to comparable employment.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Contracting-out and contracting-in covered by TUPE
Article Abstract:
Recent rulings by the EAT in two cases offer guidance on when the process of contracting out is likely to fall under the the EC 'Business Transfers' Directive and thus the Transfer of Undertakings Regulations. The rulings also broaden the interpretation of the latter enough that almost any change in service provider, or contracting-out, is apparently covered by the Regulations.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The employment regulation of Americans abroad and in foreign owned businesses in the U.S
- Abstracts: Barnes v Addy: the requirements of knowledge. Corporate benefit in relation to guarantees and third party mortgages
- Abstracts: The taxability of pre- and post-judgment interest: some recent issues. The interaction of damages awards and capital gains tax: two recent cases
- Abstracts: The amendment of Australia's domestic law after the Lamesa case: a lesson to be learned from Dutch case law. APAs in Australia, Canada and the United States: Current Developments and Future Directions
- Abstracts: Disproportionate investment of plan assets in residential mortgages not imprudent. Mortgage loans from bank under program established by pension trustees not subject to s. 72(p)