In a potentially very significant departure from accepted orthodoxy, a tribunal has held that TUPE applies to ‘workers’ as well as to traditional ‘employees’
The duty to maintain wage records under the minimum wage legislation transfers to the transferee upon a relevant transfer.
The dismissal of an employee on the day of a TUPE transfer because her new employer foresaw ongoing problems with a fellow employee was automatically unfair under TUPE.
The withdrawal by a transferee of a contractual entitlement to a travel allowance was not void under TUPE.
Born London Ltd v Spire Production Services Ltd
A transferor did not breach TUPE when it incorrectly told the transferee that its annual bonus scheme was non-contractual whereas it was in fact a contractual entitlement of the transferring staff.