Transfer of Undertakings
Key decisions and developments in industry – such as mergers and acquisitions, out-sourcing, in-sourcing, administrative restructuring, public procurement, tendering and service contracting – can have far reaching HR and employment implications.
As well as often being critical to the success of a business venture employment, advice is often needed on complicated points at short notice. TUPE can have an impact on many areas of an employment contract which are often overlooked - such as restrictive covenants, share purchase options and bonus schemes as well as more obvious aspects such as the place of work and the new reporting structure.
Members of chambers have been involved in many complex and interesting TUPE cases both in the public and private sector, from the tendering of bus routes, to the sale of different parts of a business to different limited companies. The 3PB team uses its long standing experience in commercial law and employment law to understand the business case behind transfers of undertakings as well as the employment law ramifications. Whether the transfer arises because of a pre-pack administration, a management buy-out, an outsourced contract or a sale of assets we understand the commercial background as well as the impact on employees and can give clear and incisive advice as well as first class representation.
Our Employment and discrimination Barristers...
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3 Paper Buildings (3PB) is delighted to announce that leading barrister and silk Rachel Best KC (2006 call) has joined chambers as an associate member. Rachel specialises in employment and discrimination disputes, judicial reviews, inquests and personal injury cases. She was called to the Bar of Northern Ireland in 2006, the Bar of Ireland in 2021 and was called to the Bar of England & Wales in 2022. She was promoted to Silk in 2024....
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Welcome to 3PB's June 2024 employment law newsletter, edited by Andrew MacPhail. Andrew provides analysis on what a Labour government might mean for workplace rights. Naomi Webber reviews Mr Martin Groom v Maritime and Coastguard Agency [2024] EAT 71 and Robin Pickard considers the case of Z v Y [2024] EAT 63. Click below for more employment law news.
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Welcome to our November 2023 employment and discrimination law newsletter, in which we celebrate more rankings in the latest Chambers and Partners edition and call for applications for talented employment law barristers to join our team. Edited by Charlotte Hadfield, our newsletter features analysis from Charlotte, Head of Group Craig Ludlow and Alex Leonhardt - covering the following cases: Omar v Epping Forest District Citizens Advice (EA-2021-000595-JOJ), Steel v Spencer Road LLP [2023] EWHC 2492 (Ch), ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, and Virgin Active Ltd v Hughes [2023] EAT 130.
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Welcome to the September 2023 edition of our employment and discrimination law newsletter, edited by Joseph England, it features analysis and contributions from Joseph England, Mark Green, Sarah Clarke, Katherine Anderson and Grace Holden and team news about Sarah Bowen, Mark Green and Sarah Clarke.
Case analysis covers the following cases: Rajput v Commerzbank and Société Générale [2023] EAT; Habib v Dave Whelan Sports Ltd t/a DW Fitness First [2023] EAT 113; Owen v Network Rail Infrastructure Ltd [2023] EAT 106; and AECOM Limited v Mallon [2023] EAT 104.
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Judgment was handed down this week (29 August 2023) in Jagruti Rajput v Commerzbank AG and Societe Generale (London) [2023] EAT 116. The underlying case concerns a claim of discrimination against two investment banks. The appeal was on the question as to when a TUPE transfer took place, with Mr Justice Kerr finding that the tribunal judge had erred in law in excluding from his consideration matters which took place in Germany, wrongly finding that...
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Our Employment and Discrimination law team publishes its 49th monthly newsletter, edited by Katherine Anderson, with analysis from Katherine, Andrew MacPhail and Daniel Brown of Royal Parks Ltd v Boohene, Antwi and Others [2023] EAT 63; Lovingangels Care Home Ltd v Mhindurwa [2023] EAT 65; Alcedo Orange Ltd v Mrs G Ferridge-Gunn [2023] EAT 78; and Miles v Driver and Vehicles Standards Agency [2023] EAT 62.
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Items include a look at the increase to the National Minimum Wage due in April 2023, new legislation allowing employees to request flexible working from day one in a job, as well as two proposed bills - the Carer's Leave Bill and the Protection from Redundancy (Pregnancy and Family Leave) Bill, and a look at The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022.
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Analysis includes Nexus v RMT & Unite the Union [2022] EWCA Civ 1408, Mr J Hilaire v Luton Borough Council [2022] EAT 166, and how employers can protect themselves during Christmas party season. -
Welcome to October's employment law newsletter In our October newsletter, we report the publication by the government of the Retained EU Law (Revocation and Reform) Bill, likely, if passed, to effect important change to UK employment law. We consider ACAS' update of their advice on employee suspensions; the TUC's challenge of government anti-strike legislation and more positive news around the 4-day week trial. We also congratulate our employment team for another set of impressive results in the Legal 500's latest...
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Welcome to May's Employment Law newsletter Spring is here: whilst April saw unseasonably dry conditions in a meteorological sense, there has been a metaphorical flood of interest and debate taking place as to what the future may, and should, hold in terms of remote and flexible working as we appear to embark upon what may be regarded as a post-pandemic era. News items in this edition cover: - The CIPD Survey on attitudes to home working...
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Daniel Brown has edited 3PB's October Employment and Discrimination newsletter, including contributions from Matthew Curtis, Sarah Clarke, Simon Tibbitts, Stephen Wyeth, Karen Moss, Grace Boorer, Lachlan Wilson, Grace Nicholls, Andrew MacPhail and Charlotte Hadfield. The newsletter brings you 3PB news, recordings as well as our case and legal analysis. You are also invited to register to attend our 8 October webinar on injunctions, restrictive covenants and team moves. Click here to view the newsletter. News...
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3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...
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