Labour & European Law Review
23 February 2012
The High Court last week dismissed a legal challenge by Balfour Beatty Engineering Services (BBES) for an interim injunction, following a strike vote by construction workers belonging to Unite the union.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) states that employees are not protected in certain insolvency situations. The Court of Appeal has held in Key2law (Surrey) LLP v Gaynor De’Antiquis that, as a general rule, companies that have gone into administration are still subject to TUPE.
The 2006 Transfer of Undertakings (Protection of Employment) Regulations (TUPE) cover service provision changes when “activities” previously carried out by one person are instead carried out by another. In Pannu and ors v GEO W King Ltd (in liquidation) and ors, the Employment Appeal Tribunal (EAT) held that in situations where the main activity is the provision of goods, TUPE does not apply.