In the recent High Court decision of ABC v Huntercombe (No 12) Ltd and others, the court delivered a significant ruling clarifying the scope of liabilities that transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). Specifically, the court addressed whether vicarious liability for torts committed by employees prior to a
TUPE regulations
Government consults on changes to TUPE and European Works Councils
On 16 May 2024, the UK government launched a consultation paper setting out proposed amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and abolishing the legal framework for European Works Councils (EWCs). This follows the policy paper published in May 2023, “Smarter regulation to grow the economy”. Despite the general election…
Transfer of share incentive plans under TUPE
The Court of Session in Ponticelli UK Ltd v Gallagher recently provided further clarification on what employment benefits transfer when employees transfer from one employer to another under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
When an employee transfers from one employer to another under TUPE the rights and benefits they enjoy…
What happens a firm’s internal regulations following a TUPE transfer ?
Under French employment law, the application of TUPE regulations triggers specific consequences not only with regard to an employee’s employment contract, which is transferred automatically by operation of law, but also on the employees’ collective status.
In this respect, a recent decision of the French Supreme Court has specified what happens to a company’s internal…