Length of TUPE protection

Case 11: The facts

Mr Norris worked for a local authority before being transferred under TUPE. Two years later the employer decided to impose contract changes. Norris refused to accept these and was dismissed and offered reengagement on the new terms. Norris argued that he had TUPE protection for his contract terms.

The ruling

The EAT rejected his claim. It found that the reason for the changes was not connected with the transfer but had arisen due to funding difficulties. This meant that employees could not use TUPE as a basis for enforcing their rights to the old contracts.

* Norris v Brown & Root EAT/386/00