TUPE Update from Dr John McMullen July 2020Posted in : TUPE Updates on 21 July 2020 Issues covered: TUPE; Enhanced Benefits; Void; EU Abuse of Law Principle
This month we report on a case where senior employees of a transferor deliberately enhanced the benefits and conditions with a view to passing them on to a transferee. How often has that happened to you, or a client transferee? Well, a recent UK EAT decision suggests the transferring employer/employee might not be able to get away with it.
The Ferguson case
Ferguson v Astrea Asset Management Ltd UKEAT/0139/19 is massively important. The EAT has held that when directors/employees improved their contractual benefits in view of a pending transfer, these variations were either void or fell foul of the EU abuse of law principle.
Reg 4(4) of TUPE, properly interpreted in a “broad
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More on Transfer of Undertakings (TUPE)
- TUPE Update August 2021 – Debts Upon Transfer and Identity of Employer
- Service Provision Change Regulations - How Do I Handle It?
- Variations in Terms and Conditions Following the Transfer of an Undertaking
- Brexit and European Court Case Law on Transfers: EU Retained Case Law: How Will It Work?
- The TUPE King’s Top Five Cases of 2020
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