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Everyone is talking about social media these days and no longer is it confined to the purely social. Many businesses are using it to promote themselves; good heavens, even lawyers are getting into it. But use of sites like Facebook, My Space, You Tube and micro-blogging sites like Twitter present multiple challenges to employers.
I said 'TUPE, not toupee'
This can be a real headache for employers where they have “inherited” employees following a transfer of an undertaking under the TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006. It is quite well known that if TUPE applies to a transfer then if the Transferor (let’s call it NewCo for ease if not originality) dismisses an employee from the transferee (OldCo) for a reason connected with the transfer, the dismissal will be automatically unfair, unless NewCo can show that an “economic, technical or organisational” reason applied entailing changes in the workforce. TUPE has the effect of transferring all employment contracts and rights from OldCo to NewCo.
I am a Partner in Dale Langley & Co of 60 Lombard Street London EC3V 9EA. Please call me if you would like advice on any issues relating to employment law or litigation. I only give legal advice on specific matters through the firm, not this blog
I also write a blog on legal services deregulation called "There may be Trouble Ahead" - see link below
The Guardian
