In the first appellate decision on provisions in TUPE requiring employee liability information (ELI) to be given by the transferor to the transferee, Jeremy Lewis succeeded on behalf of the transferor in upholding the decision to strike out the claim in Born London Limited v Spire Production Services Limited. The EAT agreed that there is no obligation under the ELI provisions to give information about whether remuneration (in this case a bonus) is contractual or not contractual. As such, even assuming (but not deciding) that the information given voluntarily about this was incorrect, this was no basis for a TUPE claim by the transferee.
