In this case, the EAT considered whether four company directors were entitled to rely on contractual terms which had been put in place shortly before a TUPE transfer and were designed to significantly improve their position post-transfer.
A long-term sick employee transferred under TUPE but was denied long-term sickness benefits by both the old and new employers’ PHI insurers. After he was dismissed, he brought claims against the new employer…
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) provide extensive protection for employees who work for a business that is sold or who perform activities for a service that is outsourced.
An employee who had been unable to work due to illness for 6 years and would not be returning to work was not assigned to the group transferring under TUPE.
If a client instructs that an employee be removed from working on its contract which is set to transfer under TUPE, that employee will still transfer if the outgoing employer decides not to heed the instruction.