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TUPE Protection and Redundancy

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Employment

Our TUPE Protection and Redundancy Team

We have an established team of barristers who deal with all aspects of Transfers of Undertakings and other statutory employment claims in the Employment Tribunals.

Members of the Employment Group have considerable experience (on both sides of such litigation) in cases involving:

  • TUPE – including consultation, information and service provision change issues;
  • Redundancy payments – including issues arising upon insolvency of the employer;
  • Equal pay;
  • Maternity and Paternity Rights;
  • Working Time Regulations;
  • Deductions from wages claims;
  • Health and Safety at work; and
  • Victimisation claims arising from enforcing such rights.

We provide expertise and commercial “real world” experience at all stages of such litigation

Here are some examples of our work:-

  • Smith v Keeping Kids Company (in compulsory liquidation) – Iris Ferber represented the claimants. Iris represented some 130 claimants, all former employees of the charity. Kids Company collapsed in August 2015, making everyone redundant without any consultation, despite having applied for (and received) a Government grant of £3m based on the fact that it was already insolvent in May 2015, and was already proposing over 300 redundancies. A Tribunal majority (not the Judge) had held that the duty to consult arose at that point, in May 2015, and it did not matter that the precise cause of the closure in August was unforeseen. As no consultation took place between May and August 2015, the charity was in breach of its redundancy consultation obligations. HHJ Eady QC upheld the majority’s decision. More information can be found here

  • Poole (1) Pletikosa (2) Akhurst (3) v Rhapsody Ltd (1) Wellcom London Ltd – Orlando Holloway - Representing Rhapsody in their successful defence to claims brought by three Claimants following an alleged TUPE transfer. The case involved consideration of whether there had been a TUPE transfer and the precise meaning of ‘the same or substantially the same activities’ within Reg 3(1)(b)(ii) TUPE Regs 2006.

News & events

Double-edged sword: Can you have two possession orders at once?

Double-edged sword: Can you have two possession orders at once? In a recent case an interesting point arose around whether or not it was possible for a landlord under an AST to have two possession orders in respect of the same property at the same time. Facts The facts of the case were fairly typical.

13th March 2017 Read more

Housing Bulletin No 18 – Forfeiture for non-payment of service charges

Welcome to this, the 18th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Forfeiture for non-payment of service charges Last month, we ran a workshop in Chambers exploring the law and procedure of forfeiting a

9th January 2017 Read more

Housing Bulletin No 17 – Anti-social behaviour injunctions

Welcome to this, the 17th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Anti-social behaviour injunctions: can the Court rely on historic bad behaviour? Birmingham City Council v Glenn Parode [2016] EWHC 3119 (QB) In

14th December 2016 Read more

Housing Bulletin No 16 – Warrants for Possession

Welcome to this, the sixteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com Warrants for Possession Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034 The Senior Master has today issued her practice note

22nd November 2016 Read more

Housing Bulletin No 13 – Human Rights and the Private Sector

Welcome to this, the thirteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com This bulletin discusses the judgment in the case of McDonald (by her litigation friend Duncan J McDonald) v McDonald & others [2016] UKSC 28.

20th June 2016 Read more

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Welcome to this, our twelfth updating service of 2015 on all issues relating to housing law — whether social or private, landlord or tenant. Here, Niamh O’Brien offers a case law update : Mansing Moorjani v Durban Estates Limited [2015] EWCA Civ 1252 An unusual set of facts permits the Court of Appeal to review the legal basis for damages to be awarded for disrepair to premises let on a long lease.

22nd December 2015 Read more

Housing Law Bulletin No 10 – Retaliatory Evictions Scheduled changes to the section 21 possession procedure

In this issue of 42 Bedford Row’s Housing Bulletin Peter Jolley discuses covers changes to the ’section 21 possession procedure' being introduced on 1 October 2015 by the Deregulation Act 2015, specifically restrictions upon certain landlords in using the section 21 procedure if a complaint has been received by their tenant about the condition of the property.

24th August 2015 Read more

Housing Law Bulletin No 5

Topic: “How should the courts assess whether a homeless applicant is vulnerable and in priority need of housing, with reference to the Housing Act 1996 s.189 (1)(c)?”

2nd July 2015 Read more

Housing Law Bulletin No 4

Topic: Changes to the tenancy deposit protection rules. On 26 March 2015, sections 30 to 32 of the Deregulation Act 2015 came in to force. What are the implications of this for landlords in relation to tenancy deposit schemes?

2nd July 2015 Read more

Housing Law Bulletin No 2

Welcome to this, the second bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Topic: Akerman- Livingstone v Aster Communities Ltd “Can the court summarily dispose of a defence to possession based on an allegation of unlawful

31st March 2015 Read more

Housing Law Bulletin No 1

Welcome to this, the first bulletin of what will be a regular updating service on all issues relating to housing law — whether social or private, landlord or tenant. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com “Can a

4th March 2015 Read more

Dispensing with the need to consult about service charges – at what cost?

The Supreme Court has changed the law about dispensing with the need for consultation for qualifying works or qualifying long term agreements where tenants of residential dwellings have to pay service charges: Daejan v Benson [2013] UKSC 14. The requirements for consultation in the 2003 Regulations (2003 SI 1987) are complex and lengthy. They vary according to

8th March 2013 Read more