header-logo header-logo

TUPE & variation of employment contracts

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll