I recently represented a number of security guards whose terms and conditions of service were altered following a Transfer of Undertaking (TUPE) transfer. Within a matter of two to three weeks the employer conceded and restored the original terms and conditions and are going to ensure that they all receive the back pay from the date of the variation of the contract. My advice on their potential claims was this:
- Lack of consultation both by the incoming and outgoing contractors as the duty is joint;
- Breach of contract in the county court for the economic loss that is connected to pay suffered by the employees by the unilateral variation of the contract of employment without notice
- Unlawful deduction of wages following the TUPE transfer
- Deemed dismissal for the major changes in the contract which were losses of pay and the withdrawal of the sick pay.