Over Taylor Biggs

Given this, where a discriminated-against employee transfers to a new employer, her pay level protected by TUPE is not that which the transferor actually paid, but that which the transferor should have paid following the operation of the equality clause.  Accordingly, where a transferee, in ignorance, pays the transferred employee at the lower (transferor) rate rather than the higher (equality clause) rate, it is committing an ongoing breach of contract.