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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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