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The Transfer of Undertakings (Protection of Employment) Regulations (“TUPE”) - An Overview

The aim of TUPE is to protect employees when a business changes hands or there is a change of service provider.

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TUPE - 2014 changes

Changes to the 2006 TUPE Regulations apply to all TUPE transfers occurring on 31 January 2014 onwards with the exception of the change to Employee Liability Information which will only

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Unfair Dismissal and TUPE

TUPE gives employees of both the transferor and the transferee special protection from dismissal where the sole or principal reason for the dismissal is the transfer itself. Such dismissals

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TUPE & Changing Terms and Conditions

The overall aim of TUPE is to protect the rights of the transferring employees. Therefore, the automatic transfer principle (see Who transfers?) means that employees assigned to the relevant business

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When does TUPE apply

TUPE applies in two types of events: a business transfer and a service provision change.

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Information and Consultation Obligations

Both the transferor and transferee have separate obligations to inform and, usually, consult any of their employees who are affected by a TUPE situation.

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Special Rules for Insolvency and TUPE

Where an undertaking is subject to certain formal insolvency proceedings, some of the rules under TUPE are modified to improve the prospect of the business in financial difficulty being sold

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Who Transfers

Where TUPE applies, the contracts of employment of all employees employed by the transferor and assigned to the undertaking or, in a service provision change assigned to the organised grouping

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Transfers with an Overseas Element

The rules around TUPE and how it applies to transfers with an international element are complicated.

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What Transfers

Where TUPE applies (see When does TUPE apply?), the contracts of employment of all employees employed by the transferor and assigned to the undertaking or, in a service provision change

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