EAT TRANSFER OF UNDERTAKINGS – Varying terms of employment
The Employment Judge was entitled to hold that the agreed variation of the Claimants’ salary was not for a reason connected with a relevant TUPE transfer more than two years earlier and was not in order to achieve harmonisation of all employees’ salaries.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0128 – 11 – 0509
Links:
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 2006, Council Directive 2001/23
Jurisdiction:
England and Wales
Citing:
Cited – London Metropolitan University v Sackur and others EAT 17-Aug-2006
The employees complained that their contracts had been varied after their transfer to a new employer.
Held: The reason for the variation was harmonisation.
McMullen QC J set out the test for the passage of time after a transfer and its . .
Cited – Foreningen Af Arbejdsledere I Danmark v Daddy’s Dance Hall A/S ECJ 10-Feb-1988
The claimant, Mr Tellerup, was employed as a restaurant manager by the transferor, Irma Catering A/S. When its lease was terminated it dismissed all staff. Mr Tellerup’s statutory period of notice expired on 30 April 1983. But it continued to run . .
Cited – Wilson and Others v St Helens Borough Council EAT 10-Apr-1996
Variation of employment terms which arose on a transfer of an undertaking were ineffective. Mummery P J said: ‘It is also an error on the part of the tribunal to conclude that the affirmation of the contract by the subsequent conduct of the parties . .
Cited – London Metropolitan University v Sackur and others EAT 17-Aug-2006
The employees complained that their contracts had been varied after their transfer to a new employer.
Held: The reason for the variation was harmonisation.
McMullen QC J set out the test for the passage of time after a transfer and its . .
Cited – Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd HL 29-Oct-1998
The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under . .
Cited – Martin and others v South Bank University ECJ 6-Nov-2003
Workers had been transferred from the NHS to the university sector and were required on their emergence into education to join the educational pension scheme.
Held: ‘In circumstances such as those in the main proceedings, the alteration of the . .
Cited – Berriman v Delabole Slate Ltd CA 1985
Browne-Wilkinson LJ described the potential difficulty of fitting together the concept of fairness and a constructive dismissal, but said: ‘In our judgment, the only way in which the statutory requirements . . can be made to fit a case of . .
Cited – Martin and others v South Bank University ECJ 6-Nov-2003
Workers had been transferred from the NHS to the university sector and were required on their emergence into education to join the educational pension scheme.
Held: ‘In circumstances such as those in the main proceedings, the alteration of the . .
Cited – Thompson v SCS Consulting Ltd and others EAT 3-Sep-2001
. .
Cited – Klusova v London Borough of Hounslow CA 7-Nov-2007
Lord Justice Mummery said: ‘On the issue of ‘some other substantial reason’ for dismissal, I agree with the appeal tribunal. The employment tribunal erred in law in finding that the council did not genuinely believe that the continued employment of . .
Cited – Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited HL 26-Jan-2006
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 20 September 2022; Ref: scu.445656