Harmonise terms and conditions following a TUPE transfer

Key points

  • When an employer acquires employees as a result of a TUPE transfer, the transferring employees will retain their contractual terms and conditions.
  • Apart from in certain limited circumstances, any attempt by the transferee employer to vary the contracts of employment of the transferred employees will be void.
  • Harmonising the terms and conditions of transferring employees with those of the transferee's existing workforce is not a permissible reason for varying the employees' contracts. The employer should be aware of the risks of going ahead with a plan to harmonise terms and conditions.

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