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Heartland (Midlands) Ltd v Marcroft
Employment – Transfer of trade, business or undertaking – Transfer of contract of employment – Defendant employed by company (PMI) – Defendant submitting notice of resignation – PMI transferring business to claimant – Defendant not consulted about transfer to claimant – Claimant commencing proceedings against defendant alleging breach of contract – Judge finding relevant transfer and that defendant employed by transferor – Whether judge correctly interpreting and giving proper consideration to relevant regulations – Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246.
Employment – Transfer of trade, business or undertaking. The Court of Appeal, Civil Division, held that the judge had been correct in finding that the contract of employment of the defendant with one company (PMI) was transferred to the claimant, and that the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE) applied to the transfer of PMI’s commercial insurance undertaking to the claimant and to the defendant’s contract of employment.
Barke and others v OTG and other appeals
Employment – Unfair dismissal – Administration – Transfer of undertakings – Companies in administration – Termination of employment following commencement of administration proceedings – Employees bringing proceedings for unfair dismissal and redundancy – Whether administration proceedings constituting ‘bankruptcy or analogous proceedings’ disapplying requirement for transfer of undertakings to another company – Insolvency Act 1986, Sch B1 –Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, regs 4, 8.
Employment – Unfair dismissal. The Employment Appeal Tribunal held that administration proceedings under Sch B1 of the Insolvency Act 1986 did not constitute ‘bankruptcy or analogous proceedings … instituted with a view to the liquidation of the assets of the transferor’ within the meaning of reg 8(7) of theTransfer of Undertakings (Protection of Employment) Regulations 2006.
CLECE SA v Valor
European Union – Reference to European Court – Transfers of undertakings – Safeguarding employees’ rights – Concept of ‘transfer’ – Cleaning carried out directly by municipal authority with recruitment of new staff – Council Directive (EC) 2001/23, art 1(1)(a) and (b)
European Union – Reference to European Court. The Court of Justice of the European Union held that, on the facts of the instant case, art 1(1)(a) and (b) of Council Directive (EC) 2001/23 (on the approximation of the laws of the member states relating to the safeguarding of employees’ rights in the event oftransfers of undertakings, businesses or parts of undertakings or businesses) did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.
Zaman and others v Kozee Sleep Products Ltd (trading as Dorlux Beds UK)
Employment – Compensation – Award – Employees alleging breach by first respondent of information and consultation obligations – Employment tribunal upholding allegations and making awards of compensation – Five employees claiming not to have been paid compensation awarded – Tribunal making awards for compensation in their favour – Tribunal holding cap on ‘a week’s pay’ applying to certain awards for compensation – Whether tribunal erring – Employment Rights Act 1996, s 227 – Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, reg 15
Employment – Compensation. The Employment Appeal Tribunal held that in the circumstances, the cap on ‘a week’s pay’ under s 227 of the Employment Rights Act 1996 did not apply to awards for compensation under reg 15(8) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, for breach of the information and consultation obligations.
Federación de Servicios Públicos de la UGT (UGT-FSP) v Ayuntamiento de La Línea de la Concepción and others
European Union – Employment – Transfers of undertakings – Safeguarding of employees’ rights – Employee representatives – Autonomy of entity transferred – Council Directive (EC) 2001/23, art 6(1).
European Union – Employment. In the course of proceedings concerned an action involving the applicant trade union, the municipal authority of a town and others in respect of the refusal of the authority to recognise as lawfully appointed employee representatives those persons elected to carry out that function in various undertakings responsible for outsourced public services which were transferred to that municipal authority, the European Court of Justice gave a preliminary ruling concerning the interpretation of art 6(1) of Council Directive (EC) 2001/23 (on the approximation of the laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses).
Whitney v Monster Worldwide Ltd
Pension – Pension scheme – Company pension scheme – Claimant belonging to defendant employer’s pension plan with entitlement to ‘no detriment guarantee’ (NDG) – Scheme subsequently wound up and replaced by money purchase scheme – Claimant receiving less pension benefits under purchase scheme than under pension plan – Claimant seeking payment of shortfall pursuant to NDG – Whether agreement to NDG legally enforceable between claimant and defendant’s predecessor – Whether NDG binding on defendant.
Pension – Pension scheme. The Court of Appeal, Civil Division, dismissed the defendant’s appeal in respect of the existence of a contractual entitlement of the claimant as against the defendant to a pension equivalent to that which he would have received from his previous employers, and dismissed the claimant’s cross-appeal in relation to annual increments to reflect the annual increase in the Retail Price Index.
Albron Catering BV v FNV Bondgenoten and another
European Union – Employment – Social policy – Transfer of undertakings – Safeguarding of employees’ rights – Group of companies in which staff employed by ‘employer’ company and assigned on permanent basis to operating company – Transfer of operating company – Council Directive (EC) 2001/23.
European Union – Employment. In the course of proceedings concerning a transfer of undertakings, the European Court of Justice gave a preliminary ruling in respect of the interpretation of art 3(1) of Council Directive (EC) 2001/23 (on the approximation of the laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, business or parts of undertakings of businesses.