MITIE Managed Services Ltd v French and others [2002] IRLR 512 EAT

Transfer of undertakings: Right to share options may be varied on transfer

Date:

11 November 2002

In MITIE Managed Services Ltd v French and others, the EAT holds that a contractual right to participate in an employer's profit-sharing scheme may, following a TUPE transfer, become a right to participate in a scheme of "substantial equivalence" only, if the right to continue participating in the original scheme is absurd, impossible or unjust.