TUPE, Harmonisation And Indirect Discrimination Risk

At a Glance

A recent EAT decision emphasizes that while TUPE protects terms upon transfer, it does not shield an employer from claims post-transfer.

For many businesses, outsourced services are part of the landscape, helping companies to manage costs and focus on key business areas. However, TUPE transfers arising from outsourcing and insourcing can still create challenges. A recent decision of the Employment Appeal Tribunal (EAT) in Anne & Others v. Great Ormond Street Hospital for Children NHS Foundation Trust provides an important reminder that where a TUPE transfer creates a situation in which employees are employed on different terms across a workforce, the fact of the TUPE transfer does not automatically shield an employer from claims arising from discriminatory differences.