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Employment – Continuity. The employees were transferred from a company in administration to a former 90% shareholder who purchased its business. Three days later the business closed. The employees claimed arrears of pay, and holiday pay, three claimed for unpaid notice pay, and one for a redundancy payment. The employment tribunal found that there had been a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 and that the transferor was liable for payments to the employees, which fell to the Secretary of State to discharge. The Employment Appeal Tribunal, in allowing the Secretary of State's appeal, held that reg 8(3) of the Regulations did not apply to debts which had not accrued as such by the time of the transfer. Accordingly the tribunal had erred in its conclusion. Those debts which accrued prior to the transfer remained the liabilities of the transferor. The Secretary of State was only liable for those sums owed to the employees prior to the transfer.
Employment – Continuity. The employees were transferred from a company in administration to a former 90% shareholder who purchased its business. Three days later the business closed. The employees claimed arrears of pay, and holiday pay, three claimed for unpaid notice pay, and one for a redundancy payment. The employment tribunal found that there had been a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 and that the transferor was liable for payments to the employees, which fell to the Secretary of State to discharge. The Employment Appeal Tribunal, in allowing the Secretary of State's appeal, held that reg 8(3) of the Regulations did not apply to debts which had not accrued as such by the time of the transfer. Accordingly the tribunal had erred in its conclusion. Those debts which accrued prior to the transfer remained the liabilities of the transferor. The Secretary of State was only liable for those sums owed to the employees prior to the transfer.
The Bar Council will press for investment in justice at party conferences, the Chancellor’s Budget and Spending Review
Equip yourself for your new career at the Bar
Louise Crush of Westgate Wealth explores some key steps to take when starting out as a barrister in order to secure your financial future
Millicent Wild of 5 Essex Chambers describes her pupillage experience
Drug, alcohol and DNA testing laboratory AlphaBiolabs has made a £500 donation to Juno Women’s Aid in Nottingham as part of its Giving Back campaign
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation
Christianah Babajide talks to four female senior clerks who share insights for aspiring clerks, especially women, as well as their hopes for the future of the profession
Daniel Barnett serves up a host of summer shows
Britain needs to get over its shameful denial of racism, call it what it is and start to effectively deal with the problem, says Vithyah Chelvam
An epic failure of public policy has filled our crumbling prisons to capacity, says Lord Ken Macdonald KC. How did we get here, and what might reform look like?
