Teachers at a school which was transferred from Lancashire CC to St Helens BC, who had accepted new contracts with ...
Teachers at a school which was transferred from Lancashire CC to St Helens BC, who had accepted new contracts with less favourable terms of employment, were in fact entitled to be paid the higher wages payable under their old contracts, an employment appeal tribunal ruled on 28 March, reports The Times Law Report (p22).
The tribunal said that where the operative reason for a variation in terms of employment was a transfer of an undertaking, the variation was ineffective even if the employees had accepted and worked under the varied terms, and the terms of the original contract of employment with the transferor remained in force, The Times reports.
The tribunal overturned an industrial tribunal decision of last May. The IT had decided that St Helens BC were not in breach of the Wages Act in failing to pay what was due to the applicants under their previous contracts because the employees agreement had effectively varied their terms of employment.