TUPE

Transfer of undertakings (TUPE) laws safeguard employees’ rights when there is a transfer of a business or service from one organisation (the transferor) to another organisation (the transferee).

On a TUPE transfer, the contracts of employment of transferring staff transfer to the new employer, which also inherits the transferor’s duties and liabilities under those contracts.

After the transfer, the new employer is restricted in its ability to makes changes to the transferring employees’ contracts of employment.


TUPE: Establishing reason for dismissal is not always clear cut

Does an employee who is let go shortly before a transfer of business always qualify for automatic unfair dismissal?

What does going into administration really mean for employees?

19 Apr 2018

With stories about company collapse in the headlines all too often, Kelly Tucker from HR Star looks at the practical...

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30 landmark employment law judgments

28 Feb 2018

Since its first issue on 9 February 1988, Personnel Today has reported on a staggering number of developments in employment...

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Top 10 HR questions January 2018: TUPE consultations

2 Feb 2018

Employees transferring to a new employer in a TUPE situation have the right to be consulted, but the rules on...

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How does TUPE apply when an employee asks to be transferred?

22 Jan 2018

When a business or service is transferred outside the UK, affected employees often take redundancy. But what happens if an...

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Carillion workers “face uncertain future” after collapse

16 Jan 2018

Thousands of workers face uncertainty after Carillion, the UK’s second largest construction company, went into liquidation yesterday.
The company went...

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TUPE abattoir case decision reinforces activity rules

18 Sep 2017

The recent decision on Anglo Beef Processors UK v Longland is the latest TUPE case to confirm the rules on...

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Top 10 HR questions July 2017: Data subject access requests

2 Aug 2017

Employers will have less time to respond to data subject access requests under the General Data Protection Regulation (GDPR) and...

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Repeal Bill: No immediate change for workers’ rights

14 Jul 2017

EU-derived legislation such as the Working Time Directive, TUPE and the General Data Protection Regulation (GDPR) will continue to apply...

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employer insolvency

Employer insolvency: What lessons can be learned from Jaeger’s woes?

5 Jul 2017

Jaeger’s problems are the latest warning for employers to know their duties to staff in cases of employer insolvency. Chris...

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Redundancy pools

Redundancy pools: myth vs fact

30 Jun 2017

Determining the correct composition of the redundancy pool is a step in the right direction to carrying out a fair...

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TUPE  service provision change: case underlines TUPE rule on “principal purpose” of an “organised grouping of employees”

30 May 2017

The case of Tees Esk & Wear Valleys NHS Foundation Trust v Harland.underlines the principle that for TUPE to apply...

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Labour manifesto 2017: what employers need to know

17 May 2017

The Labour Party’s official manifesto has been released today and includes some of the most radical changes to employment legislation...

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australia

Australian employment law: 10 key features

24 Mar 2017

Generous leave entitlements and a unique legal framework characterise Australian employment law. Qian Mou highlights 10 interesting aspects of workplaces...

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TUPE

Common sense needed in TUPE service provision changes

21 Feb 2017

A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not...

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