Born London Ltd v Spire Production Services Ltd [2017] UKEAT 0255/16/2803

Incorrect statement about bonus was not a breach of Regulation 11 TUPE

In this case, Born had taken over a contract from Spire in circumstances that amounted to a service provision change for TUPE purposes.  In providing information to Born prior to the transfer, Spire had stated that a non-contractual Christmas bonus was in place.  Born contended that this was wrong: in fact the bonus was contractual in nature and Spire had given incorrect employee liability information for the purposes of regulation 11 TUPE. 

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