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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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