The Advocate General has given a preliminary opinion in the case of USDAW & Wilson v Woolworths and others (“the Woolworths case”) on the question of whether there is a requirement to aggregate the number of employees across different locations to meet the thresholds for collective consultation obligations (in England and Wales, of 20 employees
It’s not quite “all change” for TUPE – service provision change provisions will not be repealed after all
By Laura H. Juillet on
Since 2011, the Government has been considering proposals to amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). Following an initial call for evidence and subsequent consultation, the Government yesterday confirmed the amendments it intends to make to TUPE.Continue Reading It’s not quite “all change” for TUPE – service provision change provisions will not be repealed after all
UK Court of Appeal refuses to uphold a barring order against a former employee
By Ruth Bonino on
This post was also written by Fiona McFarlane.
In Caterpillar Logistics Services (UK) Ltd v Huesca de Crean, an employee who had no restrictive covenant in her contract of employment prohibiting her working for a third party, could not be prevented from taking up employment with a client of her former employer on the grounds that she might breach a confidentiality agreement she had entered into with her former employer. Nor would the Court grant a “barring order” which would prohibit the employee from being involved in a commercial relationship between the employee’s former employer and its client.Continue Reading UK Court of Appeal refuses to uphold a barring order against a former employee