How Long After A Transfer Should You Wait Before Changing Terms?

Article by Robert Hill and Nick Dent

In Metropolitan University v Sackur and Others (2006), the Employment Appeal Tribunal found that even where changes had been made to employees’ terms and conditions of employment two years after a transfer, these may be regarded as connected with the transfer.

Under TUPE (now the Transfer of Undertakings (Protection of Employment) Regulations 2006), a dismissal for a reason connected with the transfer of a business or undertaking will be automatically unfair, unless the employer can show that the reason for the dismissal was "an economic, technical or organisational reason entailing changes in the workforce" (an ETO reason).

The facts of this case were that, in August 2002, employees from London Guildhall University ("LGU") TUPE-transferred on their LGU terms and conditions, to the University of North London ("UNL"), which then changed its name to the London Metropolitan University (the "Employer"). Two years later, the Employer informed the