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In a busy month in the courts and tribunals, an employer was liable for psychiatric injury caused by a flawed disciplinary process. The High Court found that TUPE didn’t transfer an employer’s vicarious liability for an...more
Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more
In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the...more
The Retained EU Law (Revocation and Reform) Bill, or “Brexit Freedoms Bill,” is moving through the UK Parliament. Bill would end the special status of Retained EU Law in the UK (those laws kept in place at the time of Brexit)...more
No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
Derived from EU Directive 2001/23/EG, the German law on Transfer of Business (“TUPE”) protects employees in a business transfer situation. As a starting point, TUPE transfers the employment of affected employees from one...more
Plus ça change… - the employment law implications of the Great Repeal Bill - The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more