UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was this benefit a contractual entitlement?
Hi, non contractual as far as i'm aware
TUPE only covers rights and liabilities connected to your contract so if this was a scheme which had no contractual weight and was just something discretionary offered by the employer then it would not be covered by TUPE and the new employer would not have to continue offering it. Even if it was covered by TUPE, under Regulation 4(4) if the employer can show that any changes were required for an economic, technical or organisational reason (ETO reason) then they could be allowed. So if the new employer runs a similar scheme but with a different provider then it would be unreasonable to expect them to sign up with your old provider just to have to continue providing you with the exact same cover, when they can offer you the same level of cover with their existing provider.
Ok, thanks for you assistance Ben
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