TUPE: Potential transfer even with a long gap between contracts

Trowers & Hamlins LLP | Employment Law Journal | October 2018 #194
A five-month gap between contracts did not prevent there being a transfer of an undertaking, explain Nicola Ihnatowicz and Anna Scott ‘The ECJ’s finding that a five-month gap in services did not necessarily preclude a finding that this was a going concern ties in with UK case law.’ The European Court of Justice (ECJ) has …

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TUPE: Identifying the date of the transfer

7 Bedford Row | Employment Law Journal | October 2014 #154
A recent EAT decision has provided welcome clarity about how to determine when a TUPE transfer took place, explains Jeffrey Jupp ‘A transfer may occur when no employees are working and none of the transferred activities are being carried out.’ The precise date of a business transfer can be an issue of great significance. In …

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