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Transfer of undertakings: Right to share options may be varied on transfer

This report relates to 1 case(s)

In MITIE Managed Services Ltd v French and others [2002] IRLR 512, the EAT holds that a contractual right to participate in an employer's profit-sharing scheme may, following a TUPE transfer, become a right to participate in a scheme of "substantial equivalence" only, if the right to continue participating in the original scheme is absurd, impossible or unjust.