• Black LinkedIn Icon
  • Facebook - Black Circle
  • Black Twitter Icon

Copyright © 2019 BarrCo Limited.

 

All rights reserved. BarrCo Solicitors is the trading name of BarrCo Limited.

Authorised and Regulated by the Solicitors Regulation Authority: 551420 :

Registered Company in England and Wales: 7346373

Removing a contractual allowance after a TUPE transfer permitted

September 17, 2018

 Employees are entitled to remain on their existing terms and conditions after the transfer of a business from one employer to another.  Any detrimental changes will be void if they are connected with the transfer.

 

In a recent case, after the transfer of a business, the new employer decided to remove an electricians travel time allowance which had been a contractual right since 1958.  The employee argued that the variation was void because it was connected with the transfer.  The Employment Appeal Tribunal held that it was not void, because the reason for ending it was not connected to the transfer but because it was outdated. 

 

The EAT summed up the approach as 'The question to be asked is: what is the reason? What caused the employer to do what it did?'.

 

Tabberer v Mears Ltd

 

If you need assistance in this matter, contact us.

Please reload

Featured Posts

I'm busy working on my blog posts. Watch this space!

Please reload

Recent Posts
Please reload