European Employment Law Cases

Case Reports

2020/50 Transfer-related contractual changes void even if beneficial for employees (UK)

Keywords Transfer of Undertakings, Employment Terms
Authors Lisa Dafydd
Author's information

Lisa Dafydd
Lisa Dafydd is an associate at Lewis Silkin LLP.
  • Abstract

      The Employment Appeal Tribunal (EAT) has ruled that the provision under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) which renders changes to employees’ terms and conditions void if they are made because of the transfer applies to changes that are advantageous as well as detrimental to employees. On the facts of the case, this meant that owner-directors who had made significant improvements to their own employment terms before a TUPE transfer could not enforce these against the transferee employer.

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