What amount of time do we need to allow to pass following a TUPE transfer before we change the terms and conditions of transferred employees?

Posted in : First Tuesday Q&A NI on 2 February 2016
Arthur Cox
Arthur Cox
Issues covered:

This a very common question from clients. Whether or not an employer can change terms and conditions following a TUPE transfer depends on the reason for the change. Any attempt to vary the transferring employees' terms and conditions of employment, whenever it takes place, will be void where the sole or principal reason for the variation is the transfer itself, and it is not an economic, technical or organisational reason (an ETO reason) entailing changes in the workforce.

The amount of time that has passed since the transfer does not play a part, other than that it will be less likely that a variation of contract will be seen to be because of the transfer if it happens after some time has

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Back to Q&A's This article is correct at 02/02/2016

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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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