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Equal pay: employer not obliged to close pay gap following TUPE transfer

This report relates to 1 case(s)

equal pay | genuine material factor | TUPE | red circling

The Employment Appeal Tribunal (EAT) has held that an employer's compliance with the TUPE legislation to preserve existing contractual terms and conditions that results in a disparity in pay can amount to a genuine material factor that may provide a defence to an equal pay claim.