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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.


    • Service provision changes
    • Employment law
    • TUPE

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

    by Dr John McMullen 30 May 2017
    by Dr John McMullen 30 May 2017

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

    • National living wage
    • Acas
    • Service provision changes

    Labour manifesto 2017: what employers need to know

    by Rob Moss 17 May 2017
    by Rob Moss 17 May 2017

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

    • Australia
    • Equality, diversity and inclusion
    • Employment contracts

    Australian employment law: 10 key features

    by Qian Mou 24 Mar 2017
    by Qian Mou 24 Mar 2017

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

    • Service provision changes
    • Case law
    • Employment law

    Common sense needed in TUPE service provision changes

    by Dr John McMullen 21 Feb 2017
    by Dr John McMullen 21 Feb 2017

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

    • Case law
    • Employment law
    • TUPE

    Tribunal case shows a number of factors decide when TUPE applies

    by Dr John McMullen 6 Dec 2016
    by Dr John McMullen 6 Dec 2016

    In the recent case of ALNO (UK) Ltd v Turner the Employment Appeal Tribunal stressed the need to apply the...

    • Brexit
    • Enhanced pay
    • Apprenticeships

    Top 10 HR questions November 2016: New EU data protection rules – GDPR

    by Personnel Today 1 Dec 2016
    by Personnel Today 1 Dec 2016

    FAQs on the EU General Data Protection Regulation (GDPR) and the apprenticeship levy dominate the top 10 HR questions for...

    • Service provision changes
    • Personnel Today
    • Employment law

    Case shows TUPE service provision changes only apply to group providing service immediately before the transfer

    by Dr John McMullen 6 Sep 2016
    by Dr John McMullen 6 Sep 2016

    Dr John McMullen explains how the “principal purpose” test in TUPE service provision changes relates to an organised grouping of...

    • Case law
    • Health insurance
    • TUPE

    TUPE transfers and long-term sick leave – appeal confirmed

    by Personnel Today 14 Jun 2016
    by Personnel Today 14 Jun 2016

    A senior judge has granted permission for the TUPE case BT Managed Services Ltd v Edwards and another to go...

    • Service provision changes
    • TUPE

    TUPE case confirms obligations apply to multiple providers

    by Dr John McMullen 14 Jun 2016
    by Dr John McMullen 14 Jun 2016

    TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr...

    • Service provision changes
    • Brexit
    • Europe

    What would happen to TUPE if the UK left Europe?

    by Dan Peyton 3 May 2016
    by Dan Peyton 3 May 2016

    As part of our series of articles looking at the impact of a potential Brexit on employers and their legal...

    • TUPE

    Who transfers under TUPE? Four key tips for employers

    by Laura Merrylees 15 Apr 2016
    by Laura Merrylees 15 Apr 2016

    Determining the group of transferring employees in a TUPE transfer can raise tricky issues. Laura Merrylees sets out four key...

    • Brexit
    • Europe
    • Case law

    EU referendum: 12 European cases that have shaped UK employment law

    by Stephen Simpson 31 Mar 2016
    by Stephen Simpson 31 Mar 2016

    The “Brexit” referendum on whether or not the UK should withdraw from the European Union takes place on 23 June...

    • Age discrimination
    • Childcare
    • Japan

    Employment law in Japan: 10 surprising facts

    by Sarah Anderson 14 Mar 2016
    by Sarah Anderson 14 Mar 2016

    The traditional Japanese idea of “lifetime employment”, with a full-time employee working for the same employer until retirement, has been...

    • Employment law
    • TUPE

    TUPE and short-term contracts: tribunal case leaves uncertainty

    by Dr John McMullen 13 Mar 2016
    by Dr John McMullen 13 Mar 2016

    The recent employment tribunal case of ICTS UK Ltd v Mahdi shows there is uncertainty about TUPE and short-term contracts....

    • Service provision changes
    • Case law

    TUPE service provision change: lay off does not prevent organised group of employees

    by Lindsay Macdonald 22 Jan 2016
    by Lindsay Macdonald 22 Jan 2016

    Laying off employees before a service provision change does not necessarily...

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Personnel Today
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