Tupe and the carrying on of the same “activities”

A question on any TUPE service provision change is whether the new provider of the service will be carrying on the same activities. If not, no TUPE. In this case a transport company provided warehouse and distribution services for a client. That contract ended and a...

Redundancy pay and custom and practice

The Appeal Tribunal this week reminded us all that Custom and Practice as a way of forming contractual terms is very much alive and well. In this case the employer had consistently paid the statutory redundancy, but without a cap on a weeks pay. They then carried out...

LLP Can Be “Associated Employer” for Equal Pay Purposes

A recent case has established that LLPs rank as “associated employers” when it comes to claims under the Equal Pay Act.  This means that if you are an LLP, and are inheriting employees from a Council under TUPE, then those employees are able to compare themselves to...

Final warnings subject to appeal

The courts have looked at whether an employer can take account of a final warning which is being appealed, at the time a fresh offence and therefore dismissal was being considered. The answer is that an employer can take the final warning into account, even though it...