Post-transfer terms

Case 4: The facts

Amanda Jackson’s contract was transferred to CIS plc in 2004 under TUPE. Her previous employer did not offer enhanced redundancy payments, but CIS had an enhanced redundancy package with different terms for employees who joined before and after March 2002.

When Jackson was made redundant in 2005, she claimed entitlement to the enhanced terms available to staff who had been with CIS since before March 2002; she had been with her previous employer since 1999, she pointed out, and TUPE gave her continuity of service.

The ruling

The Court of Appeal found that Jackson was entitled to CIS’s enhanced redundancy package, as this had been incorporated into her contract following her transfer. But it said she was not entitled to the pre-2002 entitlement; she had not joined CIS until 2004 and was only entitled to the benefit from that date.

Jackson v Computershare Investor Services plc [2007] EWCA Civ 1065