Last week the Government announced a consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) to ensure that firms can be confident of their obligations during the process and take advantage of the new regulatory freedom since our departure from the European Union. The consultation is open
TUPE
Changes to Working Time, TUPE and the return of rolled up holiday pay for some from 1 January 2024
On 8 November 2023, the Government published its much-anticipated response to key employment law consultations announced earlier this year. The consultations were focused primarily on areas of retained EU employment law where the Government “saw opportunities for improvements” following Brexit. This included reviewing elements of the Transfer of Undertakings (Protection of Employment) Regulations (“TUPE…
TUPE: ECJ rules that an employment contract can be divided between transferees
The European Court of Justice (“ECJ”) has delivered a ruling on the issue of what happens when there is a transfer of an undertaking under the Acquired Rights Directive which involves multiple transferees.
In the case of ISS Facility Services NV v Sonia Govaerts and Atalian NV, ISS held cleaning contracts with the…
Workers are covered by Transfer Regulations
A case was decided this week in the London Central Employment Tribunal (Dewhurst v Revisecatch) which has dramatic ramifications for employers. The Tribunal’s decision is that, where there is a transfer covered by the Transfer Regulations, individuals who are properly classified as “workers” are covered by the Transfer Regulations.
The Transfer Regulations apply to anyone…