TUPE

Reg 13(2) Long before the relevant transfer the transferor should inform the employee representatives of the fact that the transfer is to take place, the date or the proposed date of the transfer and the reasons for itClaims for redundancy (2 years continuous employment)Claims for Wrongful Dismissal Reg 7(1)(a) Dismissal automatically unfair and Reg 4(3) employee can bring a claim for unfair dismissal against the TRANSFEREEReg 7(1)(a) Dismissal automatically unfair and Reg 4(3) employee can bring a claim for unfair dismissal against the TRANSFEREE No Yes Was the dismissal after the transfer? Was the dismissal before the transfer? Claims for redundancy (2 years continuous employment)Claims for Wrongful Dismissal Claim against transferee Claim against transferor Dismissal after transfer Yes No Dismissal before transfer? Capability/qualifications of employee for doing work of kind he was employed to do Conduct of employee Employee was redundant Employee could not continue to work in position held without contravening some statutory enactment Some other substantial reason justifying dismissal of an employee holding position which employee held Reg 7(1)(b) Employees will be deemed to have been automatically unfairly dismissed for a reason connected with the transfer unless employer can show an ETO reason ETO reason: Economic reason relating to the profitability or market performance of the transferees business Technical reason relating to the nature of equipment or production process which the transferee operates Organisational reason relating to the management or organisational structure of the transferees business Hynd v Armstrong a transferor employer cannot rely on the transferees reason in order to establish an ETO Reg 7(2) & (3) If there is an ETO reason there is no automatic unfair dismissal and instead dismissal will be regarded as redundancy or some other substantial reason to justify dismissalWas dismissal handled fairly under 98(4) ERA 1996 ETO reason Exists Reg 7(1)(a) Employees will be deemed to have been automatically unfairly dismissed by reason of a transfer Question of fact for the employment tribunal to determine whether a dismissal is by reason of the transfer itself A dismissal following pre-transfer collusion between the transferor and the transferee with regard to dismissals is likely to be regarded as a dismissal by reason of the transfer itself Was the dismissal for a reason connected with the transfer? Was the dismissal because of the transfer? 1 years continuous employment? Can employee prove they have been dismissed; actual or constructive dismissal? Can Employee bring an unfair dismissal claim? Reg 4(1) an employees contract of employment is not brought to an end by reason of the transfer and instead transfers from the Seller to the BuyerReg 4(2) Employees will have the same rightsReg 4(3) Applies to all employees employed by the Seller immediately before the transfer Effect of relevant transfer? Reg 3(1)(a) Is there an economic entity?Reg 3(2) an economic entity is an organised grouping of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary Reg 3(1)(a) has that economic entity been transferred? Spikers question of fact

Reg 3(1)(b) has there been a change in a service provision in which activities have ceased and reg 3(3) applies?Reg 3(3)(a) immediately before the service provision change (i) there is an organised grouping of employees in Great Britain which has as its principal purpose the carrying out of the activities concerned on behalf of the client ; (ii) the client intends that the activities will, following the change, be carried out by the transferee other than in connection with a single specific event or task of short-term duration and (b) the activities concerned do not consist wholly or mainly of the supply of goods for the clients use Is there a relevant transfer?