Harmonise terms and conditions following a TUPE transfer
Key points
- When an employer acquires employees as a result of a TUPE transfer, the transferring employees will retain their contractual terms and conditions.
- Apart from in certain limited circumstances, any attempt by the transferee employer to vary the contracts of employment of the transferred employees will be void.
- Harmonising the terms and conditions of transferring employees with those of the transferee's existing workforce is not a permissible reason for varying the employees' contracts. The employer should be aware of the risks of going ahead with a plan to harmonise terms and conditions.
