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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.


    • Local authorities
    • Employment law
    • TUPE

    Case of the week: Unison v Somerset County Council and others

    by Personnel Today 25 Jan 2010
    by Personnel Today 25 Jan 2010

    Unison v Somerset County Council and othersFactsSomerset County Council and Taunton Deane Borough Council decided to transfer the bulk of the...

    • Employment law
    • Redundancy
    • TUPE

    TUPE and pre-packs,recent developments

    by Phil Boucher 29 Dec 2009
    by Phil Boucher 29 Dec 2009

    Uncertainty over whether TUPE applies to staff who switch employers when insolvent businesses are rescued persists despite a Court of Appeal decision in Oakland v Wellswood. The court held that section 218 of the ERA operated to give Oakland the necessary service to bring an unfair dismissal claim without any need to rely on TUPE. It said it could not give a binding ruling on whether or not administration necessarily excludes the application of TUPE, although it said it was a strongly arguable point. Where does this decision leave employment law?

    • Employment law
    • TUPE

    Case round up: OCS Group UK Ltd v Jones & Ciliza

    by Personnel Today 3 Dec 2009
    by Personnel Today 3 Dec 2009

    The Employment Appeal Tribunal (EAT) upheld the decision of the Employment Tribunal that there had not been a service provision...

    • Employment law
    • TUPE

    TUPE duty to inform breached by administrators

    by John Charlton 11 Nov 2009
    by John Charlton 11 Nov 2009

    Four managers who lost their jobs after a home shopping company collapsed have won about £190,000 in total in damages...

    • Employment law
    • Equality, diversity and inclusion
    • Equal pay

    Gutridge and others v Sodexo

    by Personnel Today 9 Nov 2009
    by Personnel Today 9 Nov 2009

    Key points TUPE preserves the right to bring an equal pay claim after the transfer. Claims arising from the employment...

    • Employment law
    • TUPE

    Dunedin Canmore Housing Association v Donaldson

    by Personnel Today 9 Nov 2009
    by Personnel Today 9 Nov 2009

    Breach of contract claim

    • Employment law
    • TUPE

    Case Round Up – Tapere v South London & Maudsley trust

    by Personnel Today 9 Nov 2009
    by Personnel Today 9 Nov 2009

    Longer journey amounted to a detriment under TUPE 2006

    • Apprenticeships
    • Employment law
    • Equality, diversity and inclusion

    Friday Podcast: Fewer apprenticeships for under-25s; TUPE and insolvencies

    by Rob Moss 30 Oct 2009
    by Rob Moss 30 Oct 2009

    HR news and analysis including: Why fewer under 25s are applying for apprenticeships TUPE: what happens to staff when insolvent...

    • Employment law
    • Insolvency
    • TUPE

    Court fails to dispel doubts over TUPE staff transfers and insolvencies

    by John Charlton 30 Oct 2009
    by John Charlton 30 Oct 2009

    Uncertainty over whether TUPE applies to employees who switch employers when insolvent businesses are rescued persists despite a Court of...

    • Employment law
    • TUPE

    Contracting out of TUPE: OCS Group UK Limited v Jones and another

    by Suzanne Horne 2 Oct 2009
    by Suzanne Horne 2 Oct 2009

    OCS Group UK Limited v Jones and another FactsMrs S Jones was employed as a chef supervisor by OCS Group....

    • NHS
    • Employment law
    • TUPE

    TUPE transfer: Tapere v South London and Maudsley NHS Trust

    by Personnel Today 15 Sep 2009
    by Personnel Today 15 Sep 2009

    Tapere v South London and Maudsley NHS TrustFactsMs C Tapere was employed as a member of the procurement team by...

    • Employment law
    • TUPE

    TUPE breached after two-and-a-half mile commute increase

    by John Charlton 9 Sep 2009
    by John Charlton 9 Sep 2009

    Further light was shed on what TUPE regulations really mean by a substantial change in working conditions in a recent...

    • Employment law
    • Early careers
    • Latest News

    Friday Podcast: Youth unemployment; TUPE in pre-pack administration; Depersonalisation of CVs

    by Tara Craig 14 Aug 2009
    by Tara Craig 14 Aug 2009

    HR news and analysis, including: Latest youth unemployment figures and what employers are doing to remedy the situation Court of...

    • Bullying and harassment
    • Constructive dismissal
    • Employment law

    Prison officer takes bullying case to tribunal

    by Nick Golding 16 Jul 2009
    by Nick Golding 16 Jul 2009

    A former prison officer has claimed she was bullied at work because of her good looks, and is seeking compensation...

    • Employee relations
    • Employment law
    • Insolvency

    TUPE and insolvency: interpreting the regulations

    by Roger Tynan 7 Jul 2009
    by Roger Tynan 7 Jul 2009

    HR professionals managing staff in a business that is heading for insolvency are likely to have been through the mill already....

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Personnel Today
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