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Transfer of undertakings: "Normal retiring age" does not transfer under TUPE Regulations

This report relates to 1 case(s)

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    Cross and another v British Airways plc [2006] IRLR 804 CA (0 other reports)

Employees who had a contractual retiring age of 60 when their employment was transferred under the TUPE Regulations could not claim unfair dismissal when they were subsequently dismissed on reaching their new employer's "normal retiring age" of 55. The normal retiring age is not a stand-alone right protected under TUPE. While there is a presumption that it will be the same as the contractual retiring age, this is rebuttable if the employer can show that it made clear to employees in the same position as the claimant that a different retiring age applied.