Very interesting because in both cases it seems the right decision was made - protecting an employee from unwanted retirement and punishing a bunch of duplicitous directors who tried to enrich themselves.
Question, can an ETO 'occur' creating redundancies in the new employer as a result of TUPE? i.e, the transferee simply doesnt have a enough posts and states ETO? This could mean employers can divise an ETO to effect redundancies after the transfer? This may be significantly detrimental (for payout reasons) if T&Cs around enhanced redundancy payout are not transferred as it could be argued they are not contractual? In a nutshell, faking ETO after TUPE date to make redundancies under favorable conditions for the employer. Seems unfair!!!
That’s the best explanation of this subject I’ve ever heard. Thank you 🙏🏼
A complex matter, very well explained! Thanks.
A very useful, clear demonstration of a post TUPE process
Very interesting because in both cases it seems the right decision was made - protecting an employee from unwanted retirement and punishing a bunch of duplicitous directors who tried to enrich themselves.
Question, can an ETO 'occur' creating redundancies in the new employer as a result of TUPE? i.e, the transferee simply doesnt have a enough posts and states ETO? This could mean employers can divise an ETO to effect redundancies after the transfer? This may be significantly detrimental (for payout reasons) if T&Cs around enhanced redundancy payout are not transferred as it could be argued they are not contractual?
In a nutshell, faking ETO after TUPE date to make redundancies under favorable conditions for the employer.
Seems unfair!!!