LRD Booklets February 2011

TUPE - a guide for trade unionists

Introduction (490 words)

The Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) were introduced to protect the rights of existing employees on the ...
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1. Overview of the TUPE Regulations (1,077 words)

The Transfer of Undertakings (Protection of Employees) Regulations, known as “TUPE”, were originally introduced in 1981 to comply with ...
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2. When does TUPE apply? (4,298 words)

For TUPE to apply there must be a “relevant transfer” as defined in Regulation 3. A relevant transfer can occur ...
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3. Who will transfer to the new employer (2,579 words)

This part of the booklet looks at the question which employees transfer to the new employer on a business transfer or service provision change. The ...
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4. Consultation and collective rights (5,661 words)

Workplace representatives have the right to be informed about a transfer before it takes place. They are also entitled to be consulted if changes ...
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5. The effect on terms and conditions (4,043 words)

The main purpose of the TUPE regulations is to protect employee terms and conditions when their employment transfers to a new employer. The effect ...
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6. Unfair dismissal rights (1,820 words)

The general law on unfair dismissal and redundancy applies in situations where a relevant transfer occurs (see the current edition of LRD’s ...
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7. Insolvency (2,032 words)

One of the innovations introduced by TUPE 2006 was a new regime for insolvent businesses, aimed at encouraging the rescue of failing businesses and ...
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