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  ECR I-4389 key case concerning outsourcing and determining when a TUPE transfer occurs
- C 164/00 Beckmann v Dynamco  ECR I-4893 landmark case on pensions, dismissals and TUPE
- Law Society v Secretary of State for Justice  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  IRLR 328 (EAT) and MITIE Managed Services Limited v French & Others  IRLR 512 (EAT) TUPE transfer of discretionary bonuses and the implied term of mutual trust and confidence. Test of substantial equivalence
- Hagen v ICI  IRLR 31 TUPE, pensions, contract and negligent misstatement
- Balfour Beatty Power Networks v Wilcox  IRLR 63: outsourcing and tendering of street lighting contract; retained identity transfer.
- Nottinghamshire Healthcare NHS Trust v Hamshaw  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.