Workplace Report (September 2010)

Law - TUPE

Transfers — the key developments

• For dismissals on a TUPE transfer to be for an “economic, technical or organisational reason entailing changes in the workforce”, it is not necessary that the changes affect the whole workforce (case 1).

• For the purposes of the regulation 3(5) exception to TUPE, a “public administrative authority” is a public body whose functions involve the exercise of public authority, e.g. a regulatory authority (case 2).

• TUPE cannot preserve a contract term if, after the transfer, legislation makes that term unlawful (case 3).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal). Call 020 8686 9141 for details of the journal Industrial Relations Law Reports (IRLR).


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