TUPE – employers can thank the European Court

Under the TUPE regulations, on acquisition of a business or undertaking employers automatically take on employees working in that business or undertaking. Their employment contracts “have effect after the transfer as if originally made between the person so employed and the [new employer]”. As a general rule the new employer cannot change the terms of…

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why it is a nonsense to maintain that tribunals are an informal alternative to court proceedings

In 1957 the Franks Report set out characteristics which should be reflected in tribunal procedures. In addition to the key requirements of openness, fairness and impartiality, tribunals should provide a fair hearing at which citizens can state their case without the need for legal representation and at hearings conducted with an appropriate degree of informality.…

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Carrying forward annual leave

In last September’s newsletter we reported the European case of Pereda -v- Madrid Movilidad SA in which it was held that, in certain circumstances, holiday entitlement which was unused because the employee was on sick leave could be carried forward to the next holiday year. We also reported on the House of Lords decision in…

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