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TUPE: harmonisation after redundancy process not an ETO reason entailing changes in the workforce

This report relates to 1 case(s)

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    The Manchester College v Hazel and another [2014] IRLR 392 CA (1 other report)

    • TUPE: Refusal to accept pay cut post transfer was not ETO reason

      1 April 2014

      In The Manchester College v Hazel and another [2014] IRLR 392 CA, the Court of Appeal held that the employees were not dismissed for a potentially fair ETO reason when their contracts were terminated post transfer and replaced with new contracts on significantly less favourable terms. The fact that the "harmonisation" process was part of a wider restructure that involved making other employees redundant at around the same time was irrelevant. What mattered was the immediate and operative reason for dismissing the particular employees in question, who were not themselves at risk of redundancy.

Hazel and another v The Manchester College [2014] EWCA Civ 72 CA

transfer of undertakings | automatically unfair dismissal | harmonisation

The Court of Appeal has held that a transferee did not have an economic, technical or organisational (ETO) defence over the dismissal of two claimants as a result of harmonisation following a post-TUPE transfer redundancy process.