London Metropolitan University v Sackur

Harmonising terms and conditions post-TUPE transfer
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Overview

Any variation to contracts is void if the only or principal reason is the transfer itself. But the 2006 TUPE regulations say that an employer and employee can agree a variation if it is made primarily for an economic, technical or organisational (ETO) reason connected to the transfer and involving changes in the workforce – the test already used to establish whether dismissals connected to transfers are unfair. Does this make it easier for employers to harmonise terms and conditions following a TUPE transfer?

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