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LPC Law Notes Employment Law Notes

Ws8 Tupe I Tutorial Notes

Updated Ws8 Tupe I Tutorial Notes

Employment Law Notes

Employment Law

Approximately 388 pages

A collection of the best LPC Employment notes the director of Oxbridge Notes (a former Oxford law graduate) could find in 2014 after combing through seventeen LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Employment Law notes available in the UK this year. This collection of notes is full...

Available here

The following is a more accessible plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

INTRODUCTION
IDENTIFYING A TRANSFER OF AN UNDERTAKING

  • Transfer will not terminate one’s employment; identifying not always easy though (e.g. sale of shares is not a transfer in undertaking as the company as a separate legal entity is still the owner of the business) – identity of employer must change

Example of economic entity: organised grouping of equipment, own management structure etc.

When does a business retain its identity?

Example:
ACTIVITY 1 – SERVICE PROVISION CHANGE AND TUPE

WHEN DOES TUPE APPLY TO SERVICE PROVISION CHANGES?

  • Both contracting in and contracting out are transfers of undertakings and will come within TUPE if the conditions in Reg 3(3) are satisfied

The Regs aim to protect ongoing service provision, they will not protect one—off tasks

Must be substantially the same as those being provided by transferee
TUPE AND EMPLOYMENT PROTECTION

  • Transfer transfers employee’s employment contracts to the new owner of the undertaking

  • If employee had a claim against old employer, it transfers so claim is against new employer

  • Employees who would have been employed immediately before the transfer had they not been unfairly dismissed before the transfer – these people are protected under the regulations… if the reason for the dismissal was that of the transfer, they are protected

  • Example (last two points are reasons for why they can still claim):

Solvent, new employer to claim against
DISMISSAL BECAUSE OF A TRANSFER

  • Dismissals may take place before or after transfer; employees protected by TUPE will be unfairly dismissed if the principal reason for the dismissal was the transfer itself

  • In this scenario; automatically unfair dismissal; tribunal will not consider reasonableness

  • Only employees who satisfy the eligibility requirements can claim unfair dismissal

  • Whether the dismissal was made because of the transfer itself is a question of fact for the tribunal to decide; would the dismissal have occurred but for the transfer? Any other reason for the dismissal?

  • If the dismissal would not have occurred but for the transfer, automatically unfair

  • If the dismissal would have occurred...

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