Weekly Issue 336

TUPE amendments will water down rights

Thompsons Solicitors is warning the government’s response to a consultation on amending the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) will water down employees’ rights.

Striking out

Tribunals can, in certain circumstances, strike out a claimant’s complaint. In Riley v Crown Prosecution Service (CPS), the Court of Appeal said that they can strike out a claim in circumstances where the claimant is ill and the medical experts are unable to say when they might be well enough to attend.

Contract terms

Courts will sometimes imply contract terms as a result of “custom and practice”. In Park Cakes Ltd v Shumba and ors, the Court of Appeal said that when deciding whether they were implied, the main thing was to ascertain what the parties had “understood from each other's conduct and words, applying ordinary contractual principles”.