Computershare Investor Services plc v Jackson EAT/0503/06

TUPE: Only those rights existing at the time of transfer are covered by TUPE

Date:

27 June 2007

In Computershare Investor Services plc v Jackson EAT/0503/06 the Employment Appeal Tribunal held that, for the purposes of a contractual severance scheme, an employee who transferred to the employer under TUPE was taken to have "joined" the company at the time of the transfer, even though the effect of TUPE was to preserve her continuous service with her previous employer. TUPE could not be used to confer on her a benefit to which she would not have been entitled under her previous contract.