TUPE, outsourcing, share and asset purchases

View Employment by content type:

News

Practice notes

Precedents

Q&As

Latest Employment News

Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

The following Employment news provides comprehensive and up to date legal information on Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Employment weekly highlights—8 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—8 April 2021

Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

Employment weekly highlights—1 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—1 April 2021

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent TUPE, outsourcing, share and asset purchases content

Precedents

Outsourcing agreement—long form

This Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company number], whose registered...

9th Apr

In-house

Practice notes

Employment due diligence—share and asset purchases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Warranties in corporate transactions

Instead of giving information to the buyer, the seller can give warranties in the sale agreement. A warranty is a statement that a particular fact is...

9th Apr

Practice notes

Indemnities in corporate transactions

An indemnity is an agreement by one person to bear the cost of certain claims brought against another person. For example, the seller may agree to...

9th Apr

Practice notes

Employment warranties, disclosure and indemnities—share purchases

On the acquisition of the entire issued share capital of an employer company (share purchase), while there will be a change in the shareholder(s) of...

9th Apr

Practice notes

Business sales—pension indemnities

An indemnity may be defined as a contractual obligation falling upon one contracting party (the indemnifier) and owed to another contracting party...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 9th Apr

Practice notes

Central government outsourcing—Fair Deal 2013 and pensions

Special provisions normally apply to ensure a minimum level of pension protection for employees whose employment compulsorily transfers from central...

Produced in partnership with Paul Carney of Shoosmiths 9th Apr

Practice notes

TUPE and Beckmann—the pensions exception

Beckmann liabilities are liabilities in respect of occupational pension benefits other than benefits relating to old age, invalidity or survivors....

9th Apr

Practice notes

TUPE and Beckmann issues in a private sector outsourcing

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESAutomatic statutory transfer of terms and conditions of employmentIn a private...

Produced in partnership with Dentons 9th Apr

Practice notes

Local government outsourcing—the pension issues

The Best Value DirectionThe government’s ‘Fair Deal’ policy was first introduced in 1999 and set out how pensions issues should be dealt with when...

Produced in partnership with Gary Delderfield of Eversheds Sutherland 9th Apr

Practice notes

Pension issues in business sales—acting for the seller

STOP PRESS: On 11 February 2021, the Pension Schemes Bill received Royal Assent, becoming the Pension Schemes Act 2021 (PSA 2021). Among other...

9th Apr

Practice notes

Key pension issues in a private sector outsourcing

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESThe nature of an outsourcingOutsourcing involves an organisation entering into...

Produced in partnership with Dentons 9th Apr

Practice notes

Business sales—pensions warranties

THIS PRACTICE NOTE APPLIES IN RELATION TO PRIVATE SECTOR PENSION SCHEMESA business sale agreement will typically include warranties given by a seller...

9th Apr

Practice notes

Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and share incentives

The purpose of this Practice Note is to explain the key issues that arise in relation to employee share schemes on a transaction to which the Transfer...

Produced in partnership with Sam Whitaker of Shearman & Sterling 9th Apr

Practice notes

Employment tax implications of a TUPE transfer

Coronavirus (COVID-19) and TUPE transfers: the Coronavirus Job Retention Scheme (CJRS), which provides support to employers with a grant to enable...

9th Apr

Practice notes

TUPE's effect on PF2s and other PPPs

TUPE 2006, PF2s and other PPPsPublic/private partnership (PPP) projects, including Private Finance 2 (PF2) projects, can entail transfers of...

Produced in partnership with Lee Digings of Lee Digings Associates 9th Apr

Practice notes

International outsourcing

This Practice Note considers the following key issues specific to multinational or offshore outsourcing arrangements:•Initial considerations•Deal...

Produced in partnership with Paul O’Hare, Partner and Kathryn Dooks, Partner of Kemp Little and Mike Cashman, Partner of Dorsey & Whitney LLP 9th Apr

Practice notes

Corporate joint ventures—employment issues

Formation of the joint venture entityThis Practice Note outlines the employment issues that require consideration when setting up, running and ending...

Produced in partnership with Paula Rome of Shoosmiths 8th Apr

Practice notes