That was the decision of the Employment Appeal Tribunal (EAT) in a case involving a team of electricians.
The EAT was told that the electricians had worked for Bristol City Council before being transferred to a company called Mears Ltd.
While at the council they could claim the Electricians Travel Time Allowance, which had been operating since 1958.
The company wanted to update working practices and so gave notice that the allowance would be scrapped as it was outdated and unjustified.
The electricians claimed this contravened TUPE as the allowance had been available before the transfer.
The Employment Tribunal found in favour of the employer, ruling that the reason for ending the allowance was not because of the transfer but simply because it was outdated.
The EAT has upheld that decision.
For further advice on any of the issues raised in this article, or for employment law advice more generally, please contact JPP Law on 020 3468 3064 or email [email protected]
