Transfer of undertakings (TUPE)

Updating author: Katie Wooller

Summary

• The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (the TUPE Regulations 2006), as amended, apply where there is a "relevant transfer". (See The Transfer of Undertakings (Protection of Employment) Regulations 2006 and When does TUPE apply?)
• Where there is a relevant transfer, the transferee inherits the contracts of employment of the transferring employees and the transferor's duties and certain liabilities in connection with those contracts. (See Effect of a relevant transfer on contracts of employment)
• In certain circumstances, the transferee must offer a prescribed level of pension provision to transferring employees. (See Effect of a relevant transfer on pension arrangements)
• A dismissal will be automatically unfair if the sole or principal reason for the dismissal is the transfer itself, unless the employer can establish an economic, technical or organisational reason entailing changes in the workforce for the dismissal. (See Dismissal of an employee because of a relevant transfer)
• The transferor must provide certain employee liability information to the transferee. (See Duty to notify employee liability information)
• In certain bankruptcy or insolvency proceedings, some provisions of the TUPE Regulations 2006 are disapplied. (See Effect of bankruptcy or insolvency on a relevant transfer)