TUPE: Who is in scope?

Recent decisions highlight the need to consider carefully who is ‘in scope’ for the purposes of a TUPE transfer, warns Charles Wynn-Evans ‘The tribunal in McCririck v Channel 4 Television Corporation (1) and IMG Media Ltd (2) [2014] saw no rational basis for excluding workers, as distinct from employees, from the scope of TUPE, as …
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Outsourcing Services: Slipping through the TUPE net

Blair Adams assesses the importance of services provided and TUPE for outsourcing contracts ‘The language of the definition has made employment tribunals look at the application of the TUPE Regulations from a different perspective, sometimes with surprising results.’In this article, I shall be considering whether recent cases on the application of the Transfer of Undertakings …
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Employment: Hands for hire

Anna McCaffrey and Neil Maclean examine the relationship between TUPE and outsourcing ‘TUPE now expressly covers outsourcing arrangements and goes beyond what was required to implement the revised Directive 2001/23 EC. Thus, unusually, the protections enjoyed by employees in the UK are more extensive than those enjoyed by employees in most of the rest of …
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