Labour & European Law Review
13 January 2016
The House of Commons Library has just produced a useful overview of the protection available to workers who blow the whistle under the Public Interest Disclosure Act (PIDA) 1998.
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 state that there has to be a change in the identity of the employer for the regulations to apply. In Hyde Housing Association Ltd and ors v Layton, the Employment Appeal Tribunal (EAT) held that if an employee transfers from one company to a group of companies which includes the original employer, then the identity of the employer has not changed and the regulations do not apply.
The EU Collective Redundancies Directive (CRD) requires employers to consult workers’ representatives when contemplating collective redundancies. In Pujante Rivera v Gestora Clubs Dir, SL and Fondo de Garantía Salarial, the Court of Justice of the European Union (CJEU) held that a collective redundancy includes a situation where a worker resigns as a result of a unilateral and significant change to their contract.