The Court of Appeal has found that employees who transfer under TUPE can bring equal pay claims against the transferee using as their comparators former colleagues who did not transfer. The claimants transferred from an NHS Trust under TUPE. A number of years after the TUPE transfer, they brought equal pay claims. They used as their comparators male maintenance workers who had worked for the NHS Trust at the same time as they had, but who had remained employed by the NHS Trust after the claimants transferred.
Baker & McKenzie, Solicitors