HHJ McMullen has handed down an interesting TUPE decision, Compass Group v Burke.
In it, the EAT reminds practitioners of the principles for establishing whether there has been a TUPE transfer, and whether particular employees were assigned to the undertaking (para. 9).
The EAT also held that, once the primary facts are established by the tribunal, the question as to whether a TUPE transfer took place is a matter of law (para 10), and thus susceptible to review by an appellate court.
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Daniel Barnett is a barrister at Outer Temple Chambers, with over 15 years' experience defending companies facing employment tribunal claims and associated commercial disputes. He is listed as a leading employment barrister in the ‘Legal 500′, and described in the Times Law Supplement as having “carved out a strong reputation”.
Daniel regularly advises and represents large and small businesses in discrimination claims, TUPE problems, team moves, removal of confidential business information, and unfair dismissal disputes. He has been appointed as employment law advisor to Acas since 2004, and is the author or co-author of seven legal textbooks.
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Over 28,000 people, including solicitors, barristers, HR professionals and employment tribunal judges, receive these bulletins.
Daniel Barnett is a barrister at Outer Temple Chambers, with over 15 years' experience defending companies facing employment tribunal claims and associated commercial disputes. He is listed as a leading employment barrister in the ‘Legal 500′, and described in the Times Law Supplement as having “carved out a strong reputation”.
Daniel regularly advises and represents large and small businesses in discrimination claims, TUPE problems, team moves, removal of confidential business information, and unfair dismissal disputes. He has been appointed as employment law advisor to Acas since 2004, and is the author or co-author of seven legal textbooks.
--> http://www.danielbarnett.co.uk/
Search this archive
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