An Employment Appeal Tribunal (EAT) decision has reminded companies of the need to use the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) when transferring the employment of their staff to another employer, Carvill & Johnson reports.
Birmingham based solicitors Carvill & Johnson, state that the ruling surrounded the transfer of a contract of employment which did not take place under TUPE, and therefore was not valid without the consent of the employee – which was not given.
Consequently, as the employee was not legally moved to the new firm, she is able to bring further discrimination claims against the original employer.
Had TUPE applied, the handover would have been automatic and, although the employee would have been able to object, this would have resulted in the original contract being terminated without compensation.
The Birmingham solicitors conclude that consequently, any employers who are considering non-TUPE transfers of employment contracts, such as within a group of companies, will need to ensure they obtain the employees’ consent before taking further action.
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