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04 February 2022 / John McMullen
Issue: 7965 / Categories: Features , Employment , TUPE
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On top of TUPE

71054
John McMullen presents a round-up of the latest cases on TUPE transfers
  • Transfer of benefits: income protection payments.
  • Incorporated employment terms: custom and practice.
  • Fiduciary duties and pre-transfer extraordinary employee payments.
  • Collective redundancy consultations.
  • Fixed-term framework agreements and transfer of undertakings: an EU perspective.

Litigation over TUPE transfers has quietened recently, but there are nuggets still to be found. In this article, we analyse recent developments.

Transfer of benefits

In Amdocs Systems Group Ltd v Langton UKEAT/0093/20/AT, it has been held that TUPE protected a transferring employee’s sickness benefits in full as the old employer had not informed the employee these could be changed under the insurance policy concerned. The employee’s summary of benefits set out the terms of a long-term sickness scheme, and the level of income protection payments (IPP) payable under it. These included reference to an ‘escalator’ of 5% per annum which would apply after the first 52 weeks.

In 2009, the claimant began a period of long-term sickness absence and then began to receive IPP. This was

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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