EAT Transfer of Undertakings – pensions and other terms
The Claimant started to work for the transferor in 1999 where there was no severance pay scheme. She transferred to the Appellant in 2004 where there is a dual scheme providing different benefits to those who ‘joined’ before and after 2002, each increasing with length of service. In 2005 it was incorporated into her contract. When she was made redundant in 2005 she was treated as having length of service back to 1999, but it was the post-2002 joiner scheme which was applied to her. It was held that TUPE Reg 5(1) did not give her the retrospective right to be treated as a pre-2002 joiner, since the Regulations protect existing rights and do not create or increase them.
Judges:
His Honour Judge McMullen QC
Citations:
[2006] UKEAT 0503 – 06 – 1512, UKEAT/0503/06
Links:
Cited by:
Appeal from – Jackson v Computershare Investor Services Plc CA 30-Oct-2007
It is inconsistent with the TUPE regulations to seek to use them to improve an employee’s terms and conditions. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 10 July 2022; Ref: scu.249631