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Offshorers and outsourcers beware: TUPE applies to a business transfer outside the UK

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom
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February 19 2008

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006246) (TUPE) is the UK employment legislation that governs the transfer of an undertaking, or part of one, to another

The perils of harmonising terms and condition of employment following a TUPE transfer

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom
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February 15 2012

Enterprises that undertake serial M&A or outsourcing activity can find themselves with a diverse workforce with differences in pay and other terms and conditions of employment applying to different categories of employees across the business

English law: coverage of asbestos exposure hinges on wording in employers’ liability insurance

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom, USA
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June 15 2011

The English courts continue to wrestle with the issues surrounding which policies of insurance, if any, must answer in both the public or commercial liability and employment contexts for alleged exposure to asbestos causing illness years later

Assumption of direct responsibility for a subsidiary's liabilities - is the corporate limited liability veil in tatters?

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom
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August 9 2012

In the landmark decision of Chandler v Cape plc (2012) EWCA Civ 525 the Court of Appeal for England and Wales has upheld a High Court decision that a parent company owed a direct duty of care towards an employee of one of its subsidiaries to ensure a safe system of work

TUPE: service provision change - do we need this provision?

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom
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July 26 2012

Under the previous 1981 Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) and the EU Acquired Rights Directive (ARD) it was not clear whether the definition of a relevant transfer caught "outsourcing" activities where there was a change of service providers or a contracting in or out of services

The UK government consults on proposed changes to the TUPE regulations

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom
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March 27 2013

In a previous post, TUPE: Service Provision Change, we discussed that the UK Government had issued a Call for Evidence to review the current Transfer

Proposed changes to UK's TUPE will impact outsourcing deals

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom, USA
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February 5 2013

The UK Government has issued a consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI

UK Supreme Court pulls trigger on asbestos liability insurance

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom, USA
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June 20 2012

The UK's highest court has issued its decision in the Employers' Liability Insurance "Trigger" Litigation: BAI (Run Off) Ltd v Durham & Ors, 2012 UKSC 14 (28 March 2012), and finally resolved a long-pending dispute over insurance claims by the relatives of workers who died after being exposed to asbestos

Pillsbury partner Allison Leopold Tilley on the "Pitfalls of Integration in an M&A"

Pillsbury Winthrop Shaw Pittman LLP
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United Kingdom
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April 30 2013

Allison Leopold Tilley, Pillsbury Partner, discusses key takeaways from the "The Pitfalls of Integration in an M&A" panel at Pillsbury's Spring 2013