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

This report relates to 1 case(s)

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.