tupe

Littleton advises and act in relation to the employment consequences of mergers and acquisitions, out-sourcing, in-sourcing, administrative restructuring, public procurement, tendering and service contracting. 

Our barristers understand that in the context of a large corporate M&A high quality advice is often in required on complicated points at short notice.

Littleton barristers have appeared in TUPE cases in the European Court of Justice, House of Lords (as then was) and numerous times in the Court of Appeal, EAT, Employment Tribunal and civil courts.

Key cases include:

  • C 478/03 Celtec v Astley [2005] ECR I-4389 key case concerning outsourcing and determining when a TUPE transfer occurs
  • C 164/00 Beckmann v Dynamco [2002] ECR I-4893 landmark case on pensions, dismissals and TUPE
  • Law Society v Secretary of State for Justice [2010] IRLR 407 TUPE, COSOP and the  reorganisation of mechanism for considering complaints under the Legal Services Act 2007
  • Small and others v Boots Co. Plc [2009] IRLR 328 (EAT) and MITIE Managed Services Limited v French & Others [2002] IRLR 512 (EAT) TUPE transfer of discretionary bonuses and the implied term of mutual trust and confidence. Test of substantial equivalence
  • Hagen v ICI [2002] IRLR 31 TUPE, pensions, contract and negligent misstatement
  • Balfour Beatty Power Networks  v Wilcox [2007] IRLR 63: outsourcing and tendering of street lighting contract; retained identity transfer.
  • Nottinghamshire Healthcare NHS Trust v Hamshaw [2011] EAT: service provision change test and provision of local authority care home.

 For cases concerning information and consultation under TUPE, please see Collective Labour Law

Several members of Littleton contribute to Sweet & Maxwell’s highly renowned, and regularly cited, Transfer of Undertakings looseleaf, under the general editorship of Jeremy Lewis.