David Reade KC considers TUPE in the cases of Iss Facility Services NV v. Govaerts (CJEU) 2020 and McTear Contracts v Bennett and others [2021] UKEAT, and questions:
How on earth is this ever going to work in the real world?
What does it mean for transactions? Has assignment ceased to be a binary question?
Can employees argue that part of their employment should have transferred?
What does it really mean for the decisions in Kimberly and Duncan Web Offset?