header-logo header-logo

25 October 2018 / John McMullen
Issue: 7814 / Categories: Features , TUPE , Employment
printer mail-detail

TUPE & variation of employment contracts

John McMullen discusses the variation of employment contracts after TUPE transfers

  • Two recent cases have involved examination of an employer’s ability to make changes to the employment contract following a TUPE transfer.

In Tabberer and others v Mears Ltd UKEAT/0064/17, [2018] All ER (D) 180 (Feb) the claimant employees were electricians originally employed by Birmingham City Council. Since their employment with BCC they had been TUPE’d a number of times, ultimately to Mears Ltd. With BCC they enjoyed terms entitling them to payment of an Electrician’s TravelTime Allowance (ETTA). This had been introduced as long ago as 1956 (well before the claimants had joined BCC) and were now anachronistic. The original purpose of the ETTA was to compensate electricians for the loss of a productivity bonus caused by the need to travel to different depots. At that time, BCC had 30 to 40 depots across Birmingham, but, over the years, depots had been closed so that, by the time relevant to these claims, only one remained—at Kings Road. Furthermore, since

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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?
back-to-top-scroll