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.
A contractual right to vary contractual terms does not prevent a dismissal claim under TUPE.
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.
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.
When employees improved their contractual benefits in view of a pending TUPE transfer these variations were void.
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.