- 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 tribunal
