Tag archives: TUPE

Governments response on Retained EU Employment Law

On 8 November 2023 the UK government published its response to its May 2023 consultation paper on “Retained EU Employment Law” (the Response).  This covered three areas: (i) record keeping requirements under the Working Time Regulations (WTR 1998); (ii) simplifying annual leave and holiday pay calculations in the WTR 1998; and (iii) consultation requirements under … Continue reading

What next for UK Employment law?

The European Union (Withdrawal) Act 2018 preserved a number of EU laws in UK statute as Retained EU Law (REUL).  The Retained EU Law (Revocation and Reform) Bill (REUL Bill) was introduced to amend, remove and replace the REULs that the UK government deemed to be unsuitable and replace them with bespoke UK provisions.  The … Continue reading

What are the employment implications of the transfer of a business in Germany?

The employment implications of the transfer of a business are regulated by sec. 613a German Civil Code (Bürgerliches Gesetzbuch – BGB). A transfer of a business takes place where an economic entity is transferred by a legal transaction and the economic entity is continued by the new owner of the business. In order to determine whether such … Continue reading

Beware of your “Forfait-jours” in case of transfer of the employment contract

The legal context The “forfait-jours” is a particular method of organization of working time which allows the employer to calculate the employee’s working time as a number of days worked over the year rather than a number of hours over the week. This system is advantageous for employers, particularly due to the fact that regulations … Continue reading

More changes to UK law – the transfer of undertakings legislation.

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 come into force in the UK on 31 January 2014.  These 2014 Regulations amend TUPE (which implements the Acquired Rights Directive in the UK) and the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) (relating to collective redundancy consultation). The 2014 … Continue reading

Relocations and transfer of business in Germany

In Germany, where there is a transfer of business, only the employees who belong to the relevant transferred entity automatically transfer to the new employer.   How would you decide the following case? A company offered call-answering services and back office activities. All employees of the company performed both services. The company decided to split the … Continue reading

TUPE Germany: Notice of Termination by Employees

Will a notice of termination by an employee prior to a potential TUPE situation be deemed a circumvention of the German TUPE rules?   The answer is: It depends.  The general TUPE rules in Germany are the following: If a purchaser takes over control of an entity by way of a legal transaction, the relevant employments … Continue reading