Jackson Lloyd Ltd and Mears Group PLC v Smith and others

A reminder of the importance of legal structures and accountability of legal entity boards in a post-acquisition integration

It is common knowledge that TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) do not apply to share transfers as there is no change in the identity or activities of the employer. However, following the decision in Jackson Lloyd Ltd and Mears Group PLC v Smith and others, acquirer companies need to be careful with how they manage a post acquisition integration to avoid an “inadvertent” TUPE transfer of employees from the newly acquired company to another group company. 

For more information on the case and the issues your business should consider post-acquisition please download the pdf below or contact us.

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