Post-TUPE Changes to Terms and Conditions Not Void

Smith v Trustees of Brooklands College UKEAT/0128/11/ZT and Enterprise Managed Services v Dance & Ors UKEAT/0200/11

1. Smith v Trustees of Brooklands College UKEAT/0128/11/ZT

This case involved post-transfer variations to the terms and conditions of employees who had transferred to Brooklands under TUPE. The employees agreed to the variations at the time they were implemented, but later argued that they were void and unenforceable because the reason for the variations was connected to the transfer itself. The employee's lost this argument in the Tribunal and their appeal to the Employment Appeal Tribunal (EAT) centred on whether the Tribunal had been correct in deciding that the reason for the variation was unconnected with the transfer.