Cross-Border & Transnational TUPE

Authorities (7)

• Lawson v Serco Ltd [2006] ICR 250 [judgment]
  Lord Hoffmann, Lord Woolf, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lady Hale

  Jurisdiction; territorial; unfair dismissal rights extend to expatriates with a 'sufficiently strong connection' to the UK.

• Holis Metal Industries Ltd v GMB [2008] ICR 464 [judgment]
  His Honour Judge Ansell

  TUPE; international; TUPE can apply to a transfer from the UK to a non-EU country (Israel).

• Bleuse v MBT Transport Ltd [2008] ICR 488 [judgment]
  The Honourable Mr Justice Elias (President)

  Jurisdiction; EU rights; directly effective EU rights can be enforced in the UK even if the employment is outside Great Britain.

• Duncombe v Secretary of State [2011] ICR 1312 [judgment]
  Lady Hale

  Jurisdiction; territorial scope; teachers employed by the UK government in European Schools were within UK jurisdiction.

• Xerox Business Services Philippines Inc v Zeb [2018] ICR 419 [judgment]
  His Honour Judge David Richardson

  TUPE; cross-border; dismissal for refusing to transfer abroad can be an ETO reason.

• Prahl and ors v Lapinski [2025] EAT 77 [judgment]
  His Honour Judge Auerbach

  Jurisdiction; post-Brexit; established that S.15C CJJA allows claims against foreign co-respondents if expedient.

• Atalian Servest Ltd v Bidvest Noonan (UK) Ltd ET Case No.2200381/2022 [judgment]
  Employment Judge Varnam

  ET Case No.2200381/22 - TUPE; territorial scope; service provision change rules require an organised grouping in Great Britain (not NI).