Workplace Report May 2010

Law - TUPE

Transfers - the key developments

• The TUPE regulations transfer contractual obligations already agreed at the time of transfer, but do not preserve the right to benefit from changes negotiated by third parties in collective bargaining after the transfer (case 1).

• The question on a service provision change whether the “activities” carried out by the transferor are to be carried out by the transferee is one of fact for an employment tribunal (case 2)

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).