TUPE: Can transferring employees bring consultation claims against the transferee?

In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) held that employment tribunals have no jurisdiction to entertain freestanding claims by transferred employees against the transferee for its failure to provide the transferor with information about the measures that it envisages it will take in relation to the transferring employees. XpertHR resources Letter […]

XpertHR's Liveflo provides interactive flowcharts, setting out the steps to follow

Top 10 HR processes where employers seek help

When called on to implement HR processes that come up on a regular basis, some HR professionals might feel they know what to do off by heart; however, other, less familiar processes might cause a bit more head scratching…

TUPE: Does the transferor have to hand over employee records to the transferee?

Top 10 HR questions in May 2014: TUPE, rest periods and holiday pay

How much information about transferring employees must an employer give to the new employer in a TUPE transfer situation? Questions on employee liability information featured in the top 10 frequently asked questions on XpertHR last month. The calculation of holiday pay was also occupying the minds of HR professionals, with the decision in Lock v […]

Holiday pay

Case in point: holiday pay, disability discrimination, TUPE dismissals and whistleblowing

In the second of a new series of articles on important decisions from the UK and European courts and tribunals, Eleanor Gelder looks at commission payments and the calculation of holiday pay, disability discrimination and the duty to make reasonable adjustments, TUPE-related dismissals and a change in workforce location, and the scope of whistleblowing protection. […]


Do the TUPE 2014 changes cut red tape for employers?

John Charlton looks at the recently amended Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 and asks whether or not employers will benefit from the changes. Trade unionists’ claims that recent amendments to the TUPE Regulations will seriously weaken employees’ protection appear to be an overreaction. The changes may make it easier for employers […]

Pay negotiations

How does TUPE affect collective agreements?

Collective bargaining agreements result in agreed changes to pay and benefits being directly effective for the employees represented in those negotiations. If employees transfer under TUPE to a new employer, is the new employer bound by changes to a collective agreement negotiated by the old employer after the transfer? Lawyer Pulina Whitaker looks at the […]


Top 10 HR questions in February 2014

In a new regular column, we bring you the most popular frequently asked questions on XpertHR. Last month, employers were preoccupied with the changes to TUPE that came into force on 31 January. FAQs on the definition of an “ETO reason” and on the effect of TUPE on collective agreements were among the most popular. […]

Two groups of people meeting

TUPE changes 31 January 2014: four key points for employers

Amendments to the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 come into force today. We pick out four key points that employers may have overlooked. Free TUPE webinar To find out more about the changes to the TUPE regime, register for our TUPE 2014 webinar: what the changes to the Regulations mean for […]

Insolvent stamp

TUPE and insolvency: EAT considers limited circumstances in which employees do not transfer

In DLA Piper’s case report, the Employment Appeal Tribunal (EAT) examined the TUPE provisions that mean that employees do not automatically transfer where the transferor is “under the supervision of an insolvency practitioner”. Ward Brothers (Malton) Ltd and others v Middleton EAT/0249/13 Background This case relates to the special insolvency provisions in the Transfer of […]


TUPE 2014 webinar: what the changes to the Regulations mean for employers

In a new webinar, employment law trainer Darren Newman sets out the state of play in respect of TUPE.


Employment law changes 2014: 10 things employers need to know

Employers should start preparing for employment law changes coming into force in 2014, as the year kicks off with amendments to TUPE Regulations in January…


TUPE changes planned for 31 January 2014, Government confirms

Changes to the TUPE Regulations will go ahead on 31 January 2014, the Government has confirmed.


Government unveils new TUPE Regulations

The Government has published draft legislation that will make changes to the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations in January 2014. It follows the publication of the Government response to the consultation on TUPE in September, which outlined scaled-back changes. While the changes do not go as far as proposed in the consultation, […]