How to deal with the situation where the transferee disputes that TUPE applies

Author: Charlotte White

Summary

Click on any of the hyperlinks to go to more detailed guidance below:

• Understand the factors that determine whether or not TUPE applies to a transfer.
• Examine the transferee's argument that TUPE does not apply in the circumstances.
• Attempt to persuade the transferee to proceed on the basis that TUPE applies by highlighting potential liability for claims from employees.
• Comply with the duty to inform and consult affected employees.
• Request measures information from the transferee.
• Provide employee liability information to the transferee.
• In a subsequent generation outsourcing situation, comply with any contractual obligations and consider involving the client in persuading the transferee to proceed on the basis that TUPE applies.
• Consider how to reduce the impact of the transfer on employees by making redundancy payments or offering alternative roles.
• Take the necessary practical steps resulting from the employees' transfer, such as arranging final payments and removing them from the payroll.