TUPE: transfer of share incentive plan

The right to participate in a share incentive plan transferred to a new employer under TUPE, even though the employee’s entitlement to participate in the plan arose under an agreement separate from and not referred to in his contract of employment.

TUPE and a substantial change in working conditions

A contractual right to vary contractual terms does not prevent a dismissal claim under TUPE.

TUPE: splitting liability between transferees

An ECJ decision that EU law requires contracts of employment to be split where there is a transfer to multiple transferees applies to ‘service provision changes’ under TUPE.

TUPE: employment contract can be split between transferees

In a transfer to multiple transferees under the Acquired Rights Directive, the contract of a transferring worker can be split between each of the transferees in proportion to the tasks performed by the worker, provided that such a division is possible and does not adversely affect the worker’s rights and working conditions.

TUPE and pre-transfer changes to T&Cs

When employees improved their contractual benefits in view of a pending TUPE transfer these variations were void.

TUPE covers 'workers'

In a potentially very significant departure from accepted orthodoxy, a tribunal has held that TUPE applies to ‘workers’ as well as to traditional ‘employees’

TUPE and minimum wage records

The duty to maintain wage records under the minimum wage legislation transfers to the transferee upon a relevant transfer.

Removing a contractual benefit post-transfer

The withdrawal by a transferee of a contractual entitlement to a travel allowance was not void under TUPE.

Employee liability information

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.