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Bonuses and TUPE

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  • #1

    Bonuses and TUPE

    Hi, I am currently involved in a TUPE transfer (private sector) and have a question re bonuses. I have been with the firm for over 6 years and I have it written in to my contract (it does mention firm policy) a bonus scheme (it does not mention that the payment is based on performance or anything like that). Some staff at the same level as me have it as a discretionary bonus but mine is guaranteed. Can the company we are transferring over to remove this guaranteed bonus from our contracts? If so, how? Any help appreciated!
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  • #2
    Re: Bonuses and TUPE

    Any contractual term is guaranteed at the point of transfer. After that it is fair game to change under harmonisation and business requirements. There may also be a policy route since the contractual term mentions policy - policies can be easily changed. It's impossible to tell you how they might do it since there are many quite lawful avenues that could be argued.

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