Enterprise Managed Services Ltd v Dance & Ors - TUPE transfer and effecting productivity improvements  EAT
An employer can lawfully change terms and conditions of its employees to effect productivity improvements: it does not automatically become unlawful for that employer to do so after a TUPE transfer, provided the reason for the changes remains that drive to make productivity improvements.
Enterprise Managed Services (EMS) held a contract with Modern Housing Solutions (MHS) to provide MOD with building maintenance services. Another such contractor was Williams - both companies relied heavily on this work. In April 2009 all MHS contracts were up for review, and it had made clear in October 2008 that it expected (at the demand of the MOD) better services. In January 2009 EMS reveiwed and changed terms and conditions for its appliance engineers, moving onto a performance pay system. Williams did not do the same.