What amount of time do we need to allow to pass following a TUPE transfer to change the terms and conditions of transferred employees?Posted in : First Tuesday Q&A NI on 3 April 2017
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
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