Is a transferor (i.e the old employer) in breach of regulation 11 of TUPE for incorrectly telling the transferee (i.e the new employer) that a Christmas bonus was non-contractual when it transpired it was in fact contractual.
The Employment Tribunal held there was no breach and the Employment Appeal Tribunal agreed in the case of Born London Limited v Spire Production Services Limited. The basis for this was that all regulation 11 of TUPE requires the transferor to do is to provide the particulars of employment for the relevant employees as defined by section 1 of the Employment Rights Act 1996. It does not require the employer to go further than this and comment on the terms in the particulars, in this case as to whether the bonus was contractual or not.
25th April 2017