Category

Employment

Overview: What is TUPE?

TUPE comes from European law, and the 2006 Regulations are the UK's implementing legislation. The original European law (the Acquired Rights Directive (Directive 2001/23/EC)) has the underlying purpose of protecting employees when one business buys another (business purchase, or asset transfer) in whole or in part.
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Recording Work Time

The European Court of Justice (CJEU) has ruled that employers must have a system in place to track the time worked daily by workers, including normal hours and overtime.
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Discrimination in shared parental leave

The Court of Appeal confirms: it is not discriminatory to pay enhanced maternity pay to a woman and only statutory pay to a man on shared parental leave.
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GDPR – one year on!

GDPR – one year on! 2018 saw a panic and flurry of action by companies in the lead up to the implementation of the General Data Protection Regulation (GDPR) to ensure compliance as soon as possible after 25 May 2018. However, one year on and data protection has largely been forgotten or at least relegated...
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Asset Transfers / Business Purchase: 5 common questions

The part of TUPE which deals with asset transfers (business purchases) is derived directly from European legislation and as such, has to be interpreted in line with the purposes of the European legislation, which is to safeguard employees' rights on the transfer of a business.
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Help! TUPE applies to my transaction, what next?

What happens next with TUPE will depend on whether you are the transferee (new provider or purchaser) or the transferor (outgoing provider or seller).
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Calling us about TUPE? 3 key points to consider

We often get phone calls from clients to discuss "a quick TUPE question", but it is really rare that a TUPE query can be answered during a 5 minute phone call. Here are some of the things to bear in mind before you pick up the phone…
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Business document report on paper and tablet

Service provision changes and being “essentially dedicated”

TUPE applies when there is a "relevant transfer", which includes service provision changes. In simple terms, there is a service provision change when one entity stops providing a service, and someone else provides it instead.
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building a strong team, people management concept

TUPE myths

The problem with TUPE is that it is a very complex piece of legislation. It's complex because of its requirements, but also because of how those requirements need to be interpreted. 
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Acuity welcomes Rachael Russell back to the Employment Team

Acuity welcomes Rachael Russell back to the Employment Team Rachael is re-joining the employment team now she has relocated back to Cardiff. Rachael trained and qualified at Acuity and is now returning to Acuity as an Associate, bringing with her a wealth of experience in dealing with HR & Employment law issues. Rachael is an...
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