This week's case of the week, provided by DLA Piper, covers the National Minimum Wage.
The Employment Appeal Tribunal has confirmed that an agreed variation of an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.
The Employment Appeal Tribunal has held that, where an employer offers an incentive to employees to secure agreement to variation of their contracts, it is reasonable not to offer that benefit as part of an offer of re-engagement following dismissals for failure to agree.
The employer in this case wanted to make a blanket variation to its workforce's contractual notice periods. However, the employer got itself into the difficult position of varying the claimant's notice period, while the rest of the workforce refused the change.
In Tullett Prebon Plc and others v BGC Brokers LP and others  IRLR 420 CA, the Court of Appeal held that employees who had signed "forward contracts" to join a future employer that had engaged in an unlawful conspiracy to lure them away from their existing employer were entitled to terminate the forward contracts on the basis of the conspiratorial conduct. Further, in seeking to persuade them and other employees to stay, the existing employer had not committed a breach of trust and confidence entitling those who left to terminate their contracts lawfully.
HR and legal information and guidance relating to contracts of employment.