Dismissals for rejection of harmonised terms were automatically unfair
The Court of Appeal has upheld the Employment Appeal Tribunal (EAT) decision that while the harmonisation of terms post TUPE transfer can be for an economic, technical or organisational (ETO) reason, it does not entail ‘changes to the workforce’. This is even where the harmonisation is carried out as part of a wider programme of cost-saving measures, including a number of redundancies, and is specifically being carried out to avoid further job losses. As such, the dismissal of two transferred employees on the grounds of their refusal to accept the new terms and conditions was automatically unfair. The court also upheld the EAT’s decision to award the unfairly dismissed employees re-engagement, notwithstanding that they had already signed up to the harmonised terms, albeit under protest (Hazel and another v The Manchester College).
This case arose in relation to the now deleted TUPE regulation 7(1)(b), which stated that a TUPE-connected dismissal would be automatically unfair, unless it was for an ETO reason, which also entailed ‘changes to the workforce’. It has been established in past case law that changes require a change in the numbers of the workforce or their functions, and that the mere harmonisation of terms with the transferee’s existing workforce is not sufficient…
Click on the link below to read the rest of the Addleshaw Goddard briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Freshfields Bruckhaus Deringer has made waves in Manchester by offering the city’s paralegals turbocharged salaries to switch allegiances.
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all