When the business an employee works for is sold and TUPE applies, working out which of the employees' rights transfer can be tricky. In the recent case of Ponticelli Ltd v Gallagher, the Inner House of the Court of Session held that an individual's right to participate in their employer's Share Incentive Plan transferred with them.
Incentives partner, Mahesh Varia, has co-authored an article with Sam Whitaker of Debevoise in the November issue of ELA Briefing examining what impact this will have going forward.