"The coverage of cases like Ward Hadaway will illuminate many a decision & potentially save thousands of pounds"
Author: Charles Wynn-Evans
Publisher: Oxford University Press
ISBN: 9780199661695
Price: £60
To someone steeped in the classic principles of English law, TUPE is a concept dreamt up by a failed law student while full of illicit hallucinogenic drugs.
Think about it. A transferee finds himself in a binding and onerous contractual relationship with someone he knows nothing about. The transferee might not even have existed at the time the individual was taken on by the transferor. Get it wrong and the transferee can be confronted by unfair dismissal claims from those he never took on (and so, conventionally, never employed). An employee who does not fancy a move can, in the context of material detriment under reg 4(9), bring an unfair dismissal claim against their employer when it is the plans of the transferee to which they object. And so it goes on. So much for hallowed principles such as privity of contract and the commercial freedom to organise affairs as one sees
