TUPE Update: “Successor Employers”, Reinstatement Orders, Contractual VariationsPosted in : TUPE Updates on 30 October 2018
We review two recent cases in this issue. The first deals with whether, after a service provision change TUPE transfer, a new employer is liable, as a “successor” employer, to be the subject of a re-employment order in respect of a former, unfairly dismissed, employee of the old employer. The second concerns a decision by the GB EAT that a variation by a transferee to employees’ entitlements to outmoded travel allowances was not by reason of a prior TUPE transfer and so was not invalid.
Service provision change and whether a new service provider was a “successor” employer for the purposes of a reinstatement or re-engagement order
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