When does it become acceptable [timeframe] to align salaries, working hours etc after a TUPE Transfer so that all workers are treated to the same? We have recently had a transfer and there are members of staff working all different times on different rates. Other staff working longer hours are getting very aggrieved about this to the point where I can see it becoming a formal complaint in the near future.Posted in : First Tuesday Q&A NI on 5 October 2010
The short answer is never! Post-transfer harmonisation of terms and conditions of employment will almost always be because of the transfer itself and will, therefore, not amount to a permitted change under TUPE, being an economic, technical or organisational (ETO) reason connected with the transfer. The "ETO defence" only applies if there is a change in the workforce and this must involve a change in the numbers, or possibly functions, of the employees.
In the broadest of terms, the greater the period of time that elapses after a transfer the better. However, there is no specific period after which it is safe to say that the connection with the TUPE transfer has been broken, as the test is
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Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.