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Transfer of Undertakings (Protection of Employment) Regulations 2006

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Citation Edit

Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE).

Overview Edit

TUPE is designed to preserve employees' terms and conditions of employment when either a business or undertaking is transferred to a new employer, or there is a "service provision change" (for example, contractor A takes on a contract to provide a service for a client from contractor B and the same staff provide the service). These transfers or changes in service provision are referred to as "relevant transfers."

TUPE requires that the following information (known as "employer liability information") must be given to the new employer before the transfer takes place.

  • Identity (usually the name) and age of the employees who will transfer.
  • Information contained in their "statements of employment particulars," such as written statement of pay, hours of work, holidays and so on (usually contained in the employee's offer letter or contract of employment).
  • Information about any relevant collective agreements.
  • Details of any disciplinary action taken against an employee in the last two years.
  • Details of any grievance action raised by an employee in the last two years.
  • Details of any legal action (before the court or employment tribunal) brought against the employer by an employee in the last two years and information about any potential legal action.

Following amendments to the TUPE regulations in 2014, for transfers which take place on, or after May 1, 2014, employers must provide this information at least 28 days before the transfer is completed (previously 14 days). If special circumstances make this impractical, employers should supply it as soon as possible.

TUPE replaced Transfer of Undertakings (Protection of Employment) Regulations 1981.

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