I work for a company who have some employees following a TUPE transfer a few years ago. We now have issues around who we can, and cannot pay bonuses to. If these employees have transfered under TUPE, do they retain their original terms and conditions of employment, even though their original employer is now defunct?

Is their an argument for bonus to be continued to be paid, even if not explicitly stated in the original contract? We also have an employee who did not transfer under TUPE, and hold a different contract that does not state bonus, but has received a bonus this year.

Sorry for asking, but my experience of TUPE transfers is limited, and this is giving us a bit of a headache at this time 🙁

Any advice greatly received,

Cheers,
Paul

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