News & Analysis as of

United Kingdom TUPE Employment Litigation

A&O Shearman

Pensions in dispute - August 2024

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Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent...more

BCLP

UK HR Two Minute Monthly: November 2023

BCLP on

Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more

McDermott Will & Emery

Share Schemes and TUPE in the UK – What Transfers?

McDermott Will & Emery on

In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Increased Clarity on Disability Discrimination, TUPE Contractual Variations and Unfair Dismissals

Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability? In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...more

BCLP

UK HR Two Minute Monthly: disability discrimination; TUPE; employment status

BCLP on

As we move towards a ‘new normal’, our August 2020 update outlines some of the key non-COVID related employment law developments in the UK over the last month. It includes a TUPE-related ECJ judgment which takes a different...more

BCLP

HR Two Minute Monthly: disability discrimination; injury to feelings; unfair dismissal

BCLP on

Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: TUPE-related Dismissal, Equal Pay and Bad Leaver Provisions

TUPE: Pre-Transfer Dismissal Was Automatically Unfair - In Hare Wines Ltd v Kaur [2019] EWCA Civ 216, the U.K.’s Court of Appeal considered whether the dismissal of an employee immediately before a transfer under the...more

Hogan Lovells

Employment Newsletter: TUPE, disability, unfair dismissal, tribunal limits

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No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Disability Discrimination, ‘Bumping' in a Redundancy Situation and Service Provisions Changes Under...

Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more

Hogan Lovells

Employment News - November 2017 #3

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In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more

Hogan Lovells

Employment News - July 2017 #3

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Breaking up is (not always) hard to do – transfer of part of service capable of being a TUPE service provision change - In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust the EAT decided that...more

Faegre Drinker Biddle & Reath LLP

What Constitutes a Service Provision Change Under TUPE?

The Employment Appeal Tribunal (EAT)’s decision in Tees Esk & Wear Valleys NHS Foundation Trust v Harland [2017] UKEAT 0173_16_0303 sheds new light on the factors to consider in determining whether there has been a service...more

Hogan Lovells

Employment News - March 2017 #2

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Don't ask, don't get – data subject access requests and litigation - The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more

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