0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

TUPE – A more measured approach needed

10 September 2010

The TUPE regulations require outgoing employers to inform and consult with employee representatives if they envisage taking measures in respect of employees. Outgoing employers rarely take such measures, or so we thought.

In Todd v Strain the transfer happened on 4 January 2008. The outgoing employer paid wages for 1 to 3 January shortly after the transfer, rather than at the end of the month, estimating the PAYE deductions. The Employment Appeal Tribunal decided that this was a “measure” that required consultation. This decision means that seemingly harmless administrative steps needed in TUPE transfers that have no adverse consequences for employees are ‘measures’ requiring consultation – an obligation to be taken seriously, since an Employment Tribunal can award up to 13 weeks’ pay per employee for a failure to comply.

Such a literal interpretation of the regulations is surely not what was intended?

related opinions

Capability – the cost of getting it wrong

An 89 year old former patient pathway co-ordinator has been awarded £200,000 by an Employment Tribunal for unfair dismissal and age and disability discrimination following her dismissal on capability grounds.

View blog

Equal pay and the material factor defence

Equal pay claims, once the arena for public sector organisations only, have been spreading into the private sector over the last few years.

View blog

Election implications for IR35

Draft legislation has already been produced to replicate the 2017 IR35 changes within the public sector and extend these to medium and large private sector organisations, with the final legislation previously expected this month.

View blog

Legal fees for advising on settlement agreements

When entering into a settlement agreement, it is a requirement for the employee to get independent legal advice on the terms and effect of the agreement.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up