Following a TUPE transfer, deal with trade union recognition and collective agreements relating to the transferred employees

Key points

On a TUPE transfer, in certain circumstances, the transferee employer can inherit a collective agreement in respect of the transferring employees.
The transferee may also be deemed to recognise a trade union in relation to the employees, where certain conditions are met.
Where union recognition and collective agreements transfer, the transferee must ensure that it understands its resulting obligations, for example a collective agreement could affect the method of calculating employees' pay.