Does an employer have to honour the terms of a collective agreement inherited in a TUPE situation?

Posted in : First Tuesday Q&A NI on 3 January 2012
Emma-Jane Flannery
Arthur Cox

In a TUPE situation, collective agreements can transfer from the old employer to the new employer. It’s important that the new (transferee) employer is aware of a collective agreement as it can affect a variety of contractual employment terms of transferring employees such as pay scales, pay rises, redundancy arrangements and/or working hours. To a large extent this follows the automatic transfer of employment contracts in a TUPE situation, as collective rights that are incorporated into employment contracts of transferring employees will transfer.

In this area we’re also awaiting the Supreme

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Back to Q&A's This article is correct at 02/09/2015
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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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery