How to avoid falling foul of the law on harmonising contractual terms and conditions following a TUPE transfer
Author: Peter Etherington
Click on any of the hyperlinks to go to more detailed guidance below.
- Understand that varying the contracts of transferring staff to harmonise them with those of existing employees is unlikely to be valid.
- Be aware of the risks of going ahead with a purported variation of contract.
- Recognise specific circumstances in which variation of terms and conditions in the context of a TUPE transfer will be void.
- If carrying out a restructure following a transfer, consider the pool of employees to be used in any redundancy selection process and consider the terms and conditions on which employees will be offered new posts.
- Consider if there is a contractual right to vary transferring employees' terms and conditions.
- Be aware of when it is possible to vary terms and conditions that are incorporated into transferred employees' contracts from a collective agreement.
- If the transferor is subject to relevant insolvency proceedings, be aware of the rules on variation of terms and conditions following the transfer.
- Consider if varying terms and conditions of existing employees is an option.
- Where groups of employees are on different terms and conditions following the transfer, consider how to manage any employee relations issues.