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.