Despite reassurances that existing employment law rights will be protected following Brexit, there is much scepticism as to whether government guarantees will last, especially since a “Hard Brexit” Britain will not need to keep certain rights to maintain access to the single market.
TUPE would seem a clear target for amendment in the UK, given its reputation of being a complex piece of legislation that stifles enterprise. However, complete removal seems highly likely. See our article on Brexit and what this could mean for employment laws, including TUPE, here.
Cross-border transfers can already be an uncertain area for businesses when it comes to TUPE with member states applying slightly different rules on TUPE. However, surely following Brexit these will become even more complex, as TUPE will inevitably develop differently on this side of the channel.