the inevitable monthly TUPE item!

For sad TUPE anoraks, Landsorganisationen i Danmark v Ny Molle Kro and Daddy’s Dance Hall are classic cases, where transfers of leases of a bar and nightclub respectively were found to be transfers of undertakings. LOM Management Ltd v Sweeny (Transfer of Undertakings) [2012] UKEAT was a case where the daughter of tenants of a…

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refusing a settlement offer

Can a claimant be found to have failed to mitigate their loss if they refuse an offer of settlement during the course of tribunal proceedings? No says the Employment Appeal Tribunal, unless the refusal is "wholly unreasonable". In Konczak v BAE Systems (Operations) Ltd, an employer made a settlement offer of £75,000 which the claimant…

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