Webb19 okt. 2024 · Ponticelli did not offer a comparable scheme and so offered a lump sum as compensation for the loss of the benefit. Mr Gallagher asked the ET for a determination on whether the SIP was a transferable benefit under TUPE. It was held that the share scheme was a transferable benefit and that Ponticelli should provide an equivalent scheme. Webb17 okt. 2008 · Key points. TUPE rules can apply to share incentives held by staff transferred at the time of an outsourcing transaction. As non-compliance with TUPE can be costly, transferee companies need to assess the risks and manage them either at the time of transfer or through the introduction of replacement incentive rights.
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Webbentitled to participate in a Share Incentive Scheme of substantive equivalence or comparable value to the Share Incentive Scheme operated by his former employers Total Exploration and Production UK Limited”. 17. The Tribunal thereafter found that the application under section 11 ERA was well founded, and made a declaration that: Webb17 aug. 2012 · TUPE protects an employee’s rights under their contract of employment on a business sale, so that the receiving employer must replicate those benefits. However, where an employee has a contractual right to “old age, invalidity and survivors’ benefits” under an occupational pension scheme those benefits do not transfer. canoe bench seat
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WebbTUPE: share schemes issues. Employee share schemes issues often arise on a transaction falling within the Transfer of Undertakings (Protection of Employment) Regulations 2006 … WebbThese Regulations supplement the provisions in TUPE by making specific provisions relevant to franchising schemes or enhanced partnership schemes. Regulation 3 defines the meaning of “principally connected” for the purposes of sections 123X(4) and 138S(4) of … Webb5 okt. 2024 · Share incentive plans and TUPE. The Employment Appeal Tribunal (EAT) has held in Ponticelli UK Ltd v Gallagher that the right to participate in a share incentive plan … canoe booking