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It is an important part of UK labour law, protecting employees whose business is being transferred to another business. [3] The 2006 regulations replace the old 1981 regulations (SI 1981/1794) which implemented the original Directive. [4] The law has been amended in 2014 and 2018, and various provisions within the 2006 Regulations have altered. [5]
The Cabinet Office Statement of Practice (COSoP) is a code of practice, developed by the UK Cabinet Office to support employees when work is being transferred between departments within the civil service or across the wider public sector.
First, the Information and Consultation of Employees Regulations 2004, [339] require undertakings with 50 or more employees to inform and consult on probable developments in the enterprise, changes to job structures, and contract changes - especially redundancies. [340] Employees must voluntarily initiate an "information and consultation ...
The Directive stipulates that any employee's contract of employment will be transferred automatically on the same terms as before in the event of a transfer of the undertaking. This means that if an employer changes control of the business, the new employer cannot reduce the employees' terms and conditions, unless the Directive's exception ...
Alemo-Herron v Parkwood Leisure Ltd (2013) C-426/11 is an EU law and UK labour law case concerning whether an employer may agree to incorporate a collective agreement into an individual contract, and if that agreement has a provision for automatic updating of some terms, whether that transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006. [1]
The new Forth Estuary company had another set of employees already lined up on lower pay. The receivers had no money left to pay damages for dismissal and holiday pay. TUPER 1981 regulation 5(3) said the Regulations apply to employees who are such ‘immediately before’ the transfer (now, TUPER 2006 regulation 4(3)).
The Employment Appeal Tribunal (Judge Wilkie QC, Ms J Drake and Mr K M Young CBE) held that under r 8(1) (now r 7) of the Transfer of Undertakings (Protection of Employment) Regulations Mr Taylor was actually dismissed in connection with the transfer of the railway from public to private hands. This was so despite the fact that privatisation ...
Employee, TUPE regulations: Governing Body of Clifton Middle School v Askew [1999] EWCA 1892 is a UK labour law case, concerning the scope of protection for employees.