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04 February 2022 / John McMullen
Issue: 7965 / Categories: Features , Employment , TUPE
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On top of TUPE

71054
John McMullen presents a round-up of the latest cases on TUPE transfers
  • Transfer of benefits: income protection payments.
  • Incorporated employment terms: custom and practice.
  • Fiduciary duties and pre-transfer extraordinary employee payments.
  • Collective redundancy consultations.
  • Fixed-term framework agreements and transfer of undertakings: an EU perspective.

Litigation over TUPE transfers has quietened recently, but there are nuggets still to be found. In this article, we analyse recent developments.

Transfer of benefits

In Amdocs Systems Group Ltd v Langton UKEAT/0093/20/AT, it has been held that TUPE protected a transferring employee’s sickness benefits in full as the old employer had not informed the employee these could be changed under the insurance policy concerned. The employee’s summary of benefits set out the terms of a long-term sickness scheme, and the level of income protection payments (IPP) payable under it. These included reference to an ‘escalator’ of 5% per annum which would apply after the first 52 weeks.

In 2009, the claimant began a period of long-term sickness absence and then began to receive IPP. This was continuing at the time of the litigation in the employment

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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