Spaceright Europe Ltd v Baillavoine [2011] UKEAT 0339/10/0102; [2011] EWCA Civ 1565

TUPE: When does ‘the’ mean ‘a’?

Vanessa Hogan welcomes clarification from the Court of Appeal on whether a dismissal can be connected with a transfer if no transferee has yet been identified ‘A number of EAT decisions in the 1990s examined the question of whether, in an insolvency situation, a pre-transfer dismissal can be said to be connected with a transfer …

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Insolvency: Selling the staff

Charles Wynn-Evans examines the impact of recent decisions on business transfers and insolvency ‘Two Court of Appeal judgments delivered just before Christmas are of considerable importance in terms of clarifying the scope of the potential protections provided by TUPE for affected employees.’This article discusses two important recent cases that are of considerable importance for those …

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TUPE: Quick fix or in a fix?

Fixed-term employment can be a useful tool in an outsourcing situation but there are dangers when such contracts come up for renewal, writes Nicola Ihnatowicz ‘TUPE operates to transfer employees with their existing contractual rights, so an employee who is in the middle of a fixed-term contract will transfer with that same contract of employment.’With …

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