Kimberley Group Housing Ltd v Hambley & ors [2008] UKEAT 0488/07/2504

TUPE: The great divide – landmark rulings on splitting employees’ contracts on a transfer

Catrina Smith and Amanda Sanders review recent important TUPE decisions, including two that found an employee can transfer to multiple new contractors after a retendering exercise In the EAT’s view, there is no reason in principle why an employee may not hold two or more contracts with different employers at the same time following a …

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Transfers of undertakings: TUPE trials and tribulations

Charles Wynn-Evans analyses recent decisions on transfers of undertakings and service provision changes under TUPE ‘As the EAT observed, “an issue affecting an employee’s conduct or competence, if suddenly acted upon at the point of transfer, is unlikely to be the sole or principal reason for the dismissal”.’ The courts and tribunals continue to grapple …

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Outsourcing Services: Slipping through the TUPE net

Blair Adams assesses the importance of services provided and TUPE for outsourcing contracts ‘The language of the definition has made employment tribunals look at the application of the TUPE Regulations from a different perspective, sometimes with surprising results.’In this article, I shall be considering whether recent cases on the application of the Transfer of Undertakings …

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Employment: Hands for hire

Anna McCaffrey and Neil Maclean examine the relationship between TUPE and outsourcing ‘TUPE now expressly covers outsourcing arrangements and goes beyond what was required to implement the revised Directive 2001/23 EC. Thus, unusually, the protections enjoyed by employees in the UK are more extensive than those enjoyed by employees in most of the rest of …

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