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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.


    • National living wage
    • Discipline
    • Holidays and holiday pay

    Top 10 HR questions December 2015: Severe weather

    by Personnel Today 5 Jan 2016
    by Personnel Today 5 Jan 2016

    Many employers will have been affected by the severe storms over recent weeks. The top FAQ on XpertHR in December...

    • Employment law
    • TUPE

    TUPE: ECJ decides a classic business transfer case

    by Dr John McMullen 10 Dec 2015
    by Dr John McMullen 10 Dec 2015

    A recent ruling by the European Court of Justice provides a classic example for HR practitioners of what constitutes a...

    • TUPE

    TUPE: A third party cannot dictate whether or not an employee is “assigned”

    by Dr John McMullen 2 Sep 2015
    by Dr John McMullen 2 Sep 2015

    A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is “assigned” to an employer...

    • Restrictive covenants
    • TUPE

    TUPE: Protecting employers’ interests with post termination restrictions

    by Peter Finding 3 Jul 2015
    by Peter Finding 3 Jul 2015

    Discussions around the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) often place the emphasis on transferring employees’ rights....

    • Service provision changes
    • Shared parental leave
    • Bank holidays

    Top 10 HR questions in April 2015: TUPE

    by Personnel Today 1 May 2015
    by Personnel Today 1 May 2015

    Employers often want to harmonise terms and conditions if they inherit employees as a result of a TUPE transfer. Are...

    • Service provision changes
    • TUPE

    A TUPE service provision change can apply to transfers to more than one firm

    by Dr John McMullen 1 May 2015
    by Dr John McMullen 1 May 2015

    Application of a TUPE service provision change transfer depends on whether or not activities on behalf of a client cease...

    • TUPE

    TUPE transfers: four myths shattered

    by Jeya Thiruchelvam 24 Apr 2015
    by Jeya Thiruchelvam 24 Apr 2015

    As the number of questions posed by listeners to XpertHR’s recent TUPE webinar shows, TUPE can confuse the most seasoned...

    • Argentina
    • Bonuses
    • Compensation

    Seven striking facts about employment law in Argentina

    by Melissa Silver 24 Mar 2015
    by Melissa Silver 24 Mar 2015

    Do employment contracts in Argentina need to be in writing? Are employees entitled to paid sick leave? How should employers...

    • TUPE
    • Webinars

    TUPE webinar: what employers need to know

    by Personnel Today 10 Mar 2015
    by Personnel Today 10 Mar 2015

    ON DEMAND | Many employers find the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) impenetrable. In a new XpertHR webinar, in association with Personnel Today ...

    • Service provision changes
    • Case law
    • Legal opinion

    TUPE service provision changes – which employees transfer?

    by Linda Glover 3 Mar 2015
    by Linda Glover 3 Mar 2015

    Determining whether or not TUPE applies to an outsourcing or insourcing situation can be a headache for employers. Linda Glover...

    • TUPE

    Harmonising after TUPE: less generous terms for older employees can be justified

    by Sarah Peacock 24 Feb 2015
    by Sarah Peacock 24 Feb 2015

    Implementing changes in the workplace can be challenging for employers, and harmonising terms and conditions after a TUPE transfer is...

    • Case law
    • Employment law
    • TUPE

    Case shows risk of transferee liability for harassment occurring before TUPE transfers

    by Dr John McMullen 29 Jan 2015
    by Dr John McMullen 29 Jan 2015

    It is well known in employment law that transferee employers will inherit liability for the transferor’s acts and omissions in...

    • Service provision changes
    • TUPE

    TUPE service provision change: tribunal’s reasoning flawed on assigning manager to organised grouping of employees

    by Ella Russell 29 Oct 2014
    by Ella Russell 29 Oct 2014

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) found that an employment tribunal’s judgment was flawed when...

    • Tribunal Watch
    • TUPE

    Tribunal watch: employee liability information omission on TUPE transfer leads to £65,500 award

    by Stephen Simpson 20 Oct 2014
    by Stephen Simpson 20 Oct 2014

    On a TUPE transfer, what employee liability information on potential employment tribunal claims from transferring staff does the transferor have...

    • Tribunal Watch
    • Sexual orientation discrimination
    • TUPE

    Tribunal watch: TUPE transfer leads to pay cut for care workers

    by Stephen Simpson 13 Oct 2014
    by Stephen Simpson 13 Oct 2014

    The TUPE transfer of care staff from the NHS to Prospect Housing and Support Services resulted in unlawful variations to...

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Personnel Today
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