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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.
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