In Fox Cross Claimants v Glasgow City Council & Others the Employment Appeal Tribunal held that for the purposes of equal pay comparison a limited liability partnership (“LLP”) is a ‘company’.

This case concerned a TUPE transfer from a council to an LLP. Employees from the council could, therefore, make a comparison between their pay and the pay of employees who remained at the council as an ‘associated employer’ for equal pay purposes.

If an employer is a purchaser or contractor on a TUPE transfer it is highly recommended that they assess the risk of equal pay claims, gather full information about these potential claims and seek legal advice.