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
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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