Transfer of Undertakings Protection of Employment in UK Law
Litster v Forth Dry Dock and Engineering Company Ltd
In these circumstances it is the duty of the court to give to regulation 5 a construction which accords with the decisions of the European Court upon the corresponding provisions of the Directive to which the regulation was intended by Parliament to give effect. The precedent established by Pickstone v. Freemans Plc. indicates that this is to be done by implying the words necessary to achieve that result.
Thus the courts of the United Kingdom are under a duty to follow the practice of the European Court of Justice by giving a purposive construction to Directives and to Regulations issued for the purpose of complying with Directives. but no such reason could be advanced in the present case where there was no complaint against the workers, they were not redundant and there were no relevant reasons entailing changes in the workforce.
If the legislation can reasonably be construed so as to conform with those obligations — obligations which are to be ascertained not only from the wording of the relevant Directive but from the interpretation placed upon it by the European Court of Justice at Luxembourg — such a purposive construction will be applied even though, perhaps, it may involve some departure from the strict and literal application of the words which the legislature has elected to use.
Pickstone v. Freemans Plc.  A.C. 66, has established that the greater flexibility available to the court in applying a purposive construction to legislation designed to give effect to the United Kingdom's Treaty obligations to the Community enables the court, where necessary, to supply by implication words appropriate to comply with those obligations.
United States of America v Nolan
Article 1.2 provides that the Directive is not to apply to 'workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies)', an exception that Mr Cavanagh accepted did not extend to workers employed by a foreign sovereign state such as the USA.
Astley and Others v Celtec Ltd
From this jurisprudence I would draw these conclusions as to the extent of the reservation. The starting point is to be found in the general rule that the contracts of employment of workers assigned to the undertaking transferred are automatically transferred from the transferor to the transferee on the date of the transfer. Then there is the fact that it is not possible for this rule to be derogated from in a manner unfavourable to the employees.
Wilson v St. Helens Borough Council
(2) Without prejudice to paragraph (1) above [but subject to paragraph (4A) below], on the completion of a relevant transfer:-
- Transfer of Undertakings (Protection of Employment) Regulations 1981
- The Transfer of Undertakings (Protection of Employment) Regulations 2006
- The Transfer of Undertakings (Protection of Employment) (Transfer of Public Health England Staff) Regulations 2021
- The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014
Industrial Relations in Privatized UK Mining: A Contingency Strategy?
This paper explores variations in the pattern of colliery level industrial relations following the privatization of British Coal in four pits operated by the largest coal mining company in the UK. ...... ... terms and conditions as a result of the Transfer of Undertakings (Protection of Employment) ... ...
... ... , it was difficult to think of a business transfer where the transfer of undertakings protection of employment regulations 1981(TUPE) would not apply ... But ... ...
Tupe or not Tupe? Two cases in the European Court of Justice concerning transfers and early retirement suggest that trouble may be ahead for firms that have been involved in takeovers, warns Sue Nickson.
...Regulation 7 of the Transfer of Undertakings (Protection of Employment) ... ...
Desperately seeking Suzen? Two contrary rulings from the European Court of Justice have shrouded the law on transfers of undertakings in complexity for years, writes Sue Nickson, but the situation might soon improve.
... ... the vexed question of whether the Transfer of Undertakings (Protection of Employment) ... ...
- Impact Of TUPE (The Transfer Of Undertakings (Protection Of Employment) Regulations) On A Sale Of A Property
- The Transfer Of Undertakings (Protection Of Employment) Regulations And Pensions - Pensions In 30 Podcasts, Episode 28
- Government Consultation On The Transfer Of Undertakings (Protection Of Employment) Regulations 2006 ('TUPE') - Does It Go Far Enough?
Amended TUPE Regulations Published in the U.K.
In previous posts (Proposed Changes to UK's TUPE will impact outsourcing deals, The UK Government consults on proposed changes to the TUPE regulations) we highlighted the UK Government's proposed c...... ... UK Government's proposed changes to the Transfer of Undertakings (Protection of Employment) ... ...