Smith & Ors v Trustees Of Brooklands College - TUPE transfer was not reason for change in pay

Whether a variation in terms and conditions is unlawful following a TUPE transfer depends on what the reason was for the variation: that is a question of fact for a tribunal to determine.

Mrs Smith and her colleagues were Teaching & Learning Assistants at Spelthorne College. They all worked 43 weeks of the year and the salary paid to them was divided accordingly - but in a unique way that was not in accord with standard practice. Nonetheless that was the agreement between the parties.

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