Plus ça change? Pre-TUPE transfer beneficial changes to terms and conditions are void
In a landmark decision, the Employment Appeal Tribunal has found that pre-TUPE transfer changes to terms and conditions are void, even where they are beneficial to employees. Linklaters acted for the successful respondent to the appeal.
In this Client Alert, we set out the background to the appeal and the novel issues of law it raised, as well as the detail behind the EAT’s findings and why it is good news for transferees on a TUPE transfer.