Part-timers – the TUPE twist
The latest decision in the Preston part-timer saga was handed down by the Employment Appeal Tribunal (“EAT”) in December 2003, with the EAT reversing the earlier decision of the Employment Tribunal on the impact of TUPE on part-timers’ claims. Part-timers seeking additional pensionable service in these circumstances can now bring a claim against their old employer at any time whilst they remain employed by their new employer (and up to 6 months after leaving). The decision could have a major impact on part-timer claims which have not yet settled. It also has wider implications for commercial transactions generally.