Implied Contract Terms Bind Employer in TUPE Transfer

• Author:
• Pinsent Masons Employment Group

In Glendale Managed Services -v- Mr D Graham and others, the Court of Appeal has held that a transferee was under a contractual obligation to increase an employee's pay in line with nationally agreed rates. Whilst the employer had effectively reserved the right to follow national pay decisions, it failed to notify affected employees in advance of its decision not to follow the normal practice.

The decision highlights two issues of concern to employers in a TUPE situation.

Firstly, the emplo... (135 more words)

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