CSC Computer Sciences Ltd v McAlinden & Ors [2013] EWCA Civ 1435

Posted In: Case Law
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE), Pay
Issues covered: Unlawful deductions from wages; annual pay rise; implied terms; TUPE

23 Claimants who until 1 st April 2000 were employed by a company called IT Services Ltd (ITS). On that date their employment was transferred to a CSC as part of a group of about 200 under the Transfer of Undertaking (Protection of Employment) Regulations 1981 ("TUPE”). During their employment with ITS the claimants had benefitted from an annual pay rise to be rewarded subject to satisfactory performance. CSC had a full understanding of this contractual agreement. Their policy with regards to the RPI increases was made clear in a briefing document issued by CSC to managers for the purpose of pay review discussions in 2008. From 2001-2007 CSC granted the RPI increases.

However in 2008, after

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This article is correct at 15/11/2013

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