Worrall & Ors v Wilmott Dixon Partnership Ltd & anor - TUPE transfers and subsequent changes in the law affecting employment terms [2010] EAT
Employment contract terms existing at the time of a TUPE transfer can be removed by subsequent statutory regulation and reg 4 of the 2006 TUPE regulations (which provides for the contract to have effect after the transfer as if originally made between the employee and the transferee) does not override this.
In this test case, Mr. Worrall started employment with Birmingham City Council in July 1971. Eventually, by April 2008 and following a series of TUPE transfers and company name changes, his employment was with Wilmott Dixon Partnership Ltd. Wilmott Dixon Partnership Ltd was clearly bound to abide by the terms of Mr. Worrall's original contract with Birmingham City Council by reason of the 2006 TUPE regulations (notably reg 4).
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