Ensure that employees' rights are preserved following a TUPE transfer

FAQs

• What is the main effect of the TUPE Regulations 2006 for employees?

• Can the transferee change the contracts of the incoming employees following a TUPE transfer, to harmonise them with those of its existing employees?

• Can an employer change the terms and conditions of transferred employees if a certain amount of time has passed since the TUPE transfer?

• Following a TUPE transfer, can the transferee change employees' terms and conditions that were incorporated from a collective agreement prior to the transfer?

• What happens to the balance of an employee's accrued annual leave when they transfer in a TUPE situation?

• Is there any obligation on employers to increase the holiday entitlement of TUPE-transferred staff to match that of their existing workforce?

• Where the transferor paid a particular mileage rate to transferred employees, is the transferee obliged to continue to pay them at this rate even though it is higher than its normal rate?

• Where employees are TUPE transferred does their continuous service start from the date of the transfer or from the start of employment with the transferor?

• Can an employer harmonise the contracts of TUPE transferred employees with those of its existing workforce where the changes will be beneficial to them?