LRD Booklets November 2017

TUPE - a union rep’s guide to using the law

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Introduction

Introduction
 [page 4] (338 words)

The Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) were introduced to protect the rights of employees on a compulsory ...
Open access

Chapter 1

1. TUPE overview 
 [ch 1: pages 5-6] (679 words)

The purpose of the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) is to safeguard jobs and employment rights on a change ...
Subscribers only

Interpreting TUPE
 [ch 1: page 7] (396 words)

When does TUPE apply?
 [ch 1: page 7] (87 words)

TUPE and Brexit
 [ch 1: page 8] (376 words)

Consultation and collective rights
 [ch 1: page 9] (170 words)

TUPE and terms and conditions
 [ch 1: page 9] (106 words)

The effect of TUPE on contractual rights and obligations
 [ch 1: page 9] (131 words)

Changes to terms and conditions
 [ch 1: page 10] (219 words)

Refusal to transfer
 [ch 1: page 10] (44 words)

The transfer date 
 [ch 1: pages 10-11] (141 words)

Unfair dismissal rights
 [ch 1: page 11] (41 words)

TUPE and insolvency
 [ch 1: page 11] (53 words)

No contracting out of TUPE
 [ch 1: page 11] (120 words)

TUPE and Northern Ireland
 [ch 1: pages 11-12] (429 words)

TUPE — failing in its purpose
 [ch 1: pages 12-13] (408 words)

Chapter 2

2. Is there a relevant transfer? 
 [ch 2: page 14] (51 words)

TUPE rights do not apply to every change of employer. There must be a “relevant transfer”. Very broadly, the more similar the activities carried ...
Subscribers only

Relevant transfers
 [ch 2: page 14] (190 words)

Transfers outside the UK
 [ch 2: pages 14-15] (227 words)

Business transfers
 [ch 2: pages 15-16] (433 words)

Temporary pause in activities 
 [ch 2: page 16] (145 words)

Service provision changes
 [ch 2: pages 16-17] (318 words)

No change to commissioning client
 [ch 2: pages 17-18] (318 words)

Similarity of activities
 [ch 2: pages 18-20] (1,012 words)

Changes in activities due to modernisation and innovation
 [ch 2: page 20] (129 words)

Changes to quantity rather than type of activities
 [ch 2: pages 20-21] (334 words)

Organised grouping of employees 
 [ch 2: pages 21-22] (535 words)

‘Principal purpose’
 [ch 2: page 22] (61 words)

‘Immediately before the transfer date’ 
 [ch 2: page ] (60 words)

Temporary suspension of operations
 [ch 2: pages 22-23] (147 words)

Statutory exceptions to service provision change
 [ch 2: page 23] (62 words)

Single specific event or task of short-term duration
 [ch 2: pages 23-24] (488 words)

Activities consisting wholly or mainly of the supply of goods
 [ch 2: page 24] (134 words)

Splitting up services on a re-tender
 [ch 2: pages 24-25] (339 words)

Service fragmentation
 [ch 2: pages 25-26] (365 words)

Chapter 3

3. Transfers involving public bodies
 [ch 3: pages 27-28] (457 words)

Most transfers within central or local government (as opposed to transfers from the public to the private sector and vice versa) are not covered by ...
Subscribers only

Return of the two-tier workforce 
 [ch 3: pages 28-29] (461 words)

Chapter 4

4. Who transfers 
 [ch 4: page 30] (35 words)

Another difficult question is exactly who transfers and who does not, and what choices, if any, employees and employers have in deciding who goes and ...
Subscribers only

Only employees transfer
 [ch 4: pages 30-31] (533 words)

Who belongs to the organised grouping?
 [ch 4: pages 31-33] (918 words)

What if an employee is temporarily assigned? 
 [ch 4: pages 33-34] (345 words)

Workforce reorganisation in the run up to a transfer
 [ch 4: pages 34-36] (882 words)

Objecting to a transfer
 [ch 4: page 36] (209 words)

Transfer causing substantial detrimental change
 [ch 4: page 37] (416 words)

Chapter 5

5. Information and consultation rights 
 [ch 5: pages 38-39] (812 words)

For unions, information and consultation rights (and the corresponding enforcement penalties known as protective awards) are among the most powerful ...
Subscribers only

Electing representatives 
 [ch 5: pages 40-41] (419 words)

Facilities 
 [ch 5: page 41] (140 words)

Time off 
 [ch 5: pages 41-42] (286 words)

Statutory protection
 [ch 5: page 42] (81 words)

Duty to provide information 
 [ch 5: pages 42-43] (453 words)

TUPE consultation time
 [ch 5: pages 43-45] (527 words)

‘Measures’ 
 [ch 5: page 45] (422 words)

Affected employees
 [ch 5: pages 46-47] (470 words)

Getting it wrong 
 [ch 5: page 47] (299 words)

Other legal responsibilities 
 [ch 5: page 47] (64 words)

Overlap with ICE regulations 
 [ch 5: page 48] (179 words)

Pre-transfer consultation on collective redundancies 
 [ch 5: pages 48-49] (570 words)

Implications for post-transfer relocation redundancies 
 [ch 5: page 50] (218 words)

Enforcement
 [ch 5: page 50] (144 words)

Liability for failure to inform and/or consult
 [ch 5: pages 50-51] (170 words)

Employer defence
 [ch 5: page 51] (83 words)

Calculating the protective award
 [ch 5: pages 51-52] (528 words)

Calculating protective awards on insolvency 
 [ch 5: pages 52-53] (269 words)

Data protection 
 [ch 5: page 53] (158 words)

Confidentiality/commercial sensitivity
 [ch 5: page 53] (98 words)

Employee liability information
 [ch 5: page 54] (136 words)

Industrial action
 [ch 5: pages 54-55] (456 words)

Checklist for union reps 
 [ch 5: page 56] (383 words)

Chapter 6

6. TUPE and terms and conditions 
 [ch 6: page 57] (308 words)

TUPE’s basic purpose is to protect employees’ terms and conditions when their employment transfers to a new employer. This is achieved by ...
Subscribers only

The CRTUPEA Regulations 2014 and contract change 
 [ch 6: pages 57-58] (202 words)

TUPE and union recognition
 [ch 6: page 58] (249 words)

TUPE and collective agreements
 [ch 6: pages 58-59] (115 words)

TUPE and contract change
 [ch 6: page 59] (150 words)

TUPE and changes to individual contract terms
 [ch 6: page 59] (149 words)

Beneficial changes 
 [ch 6: pages 59-60] (198 words)

Economic technical or organisational reason
 [ch 6: page 60] (214 words)

Entailing changes to the workforce 
 [ch 6: pages 60-61] (417 words)

Changes to place of work
 [ch 6: pages 61-62] (178 words)

Changes permitted by an express contract term 
 [ch 6: page 62] (143 words)

TUPE and changes to collective terms
 [ch 6: pages 62-63] (491 words)

Potential breach of section 145B, TULRCA
 [ch 6: page 63] (190 words)

‘No less favourable overall’
 [ch 6: page 64] (106 words)

National and sector level collective agreements 
 [ch 6: pages 64-65] (672 words)

Contract changes unconnected to the transfer
 [ch 6: pages 65-66] (268 words)

What if the transferee’s terms are better?
 [ch 6: page 66] (116 words)

How long are terms protected?
 [ch 6: page 66] (133 words)

TUPE and pensions
 [ch 6: page 67] (60 words)

Pensions information and consultation 
 [ch 6: page 67] (129 words)

Personal pension and group personal pension schemes
 [ch 6: page 67] (111 words)

Early retirement benefits
 [ch 6: pages 67-68] (344 words)

Occupational pensions
 [ch 6: pages 68-69] (414 words)

TUPE and Fair Deal for Pensions
 [ch 6: pages 69-70] (437 words)

Local authorities 
 [ch 6: pages 70-71] (260 words)

Chapter 7

7. Unfair dismissal rights 
 [ch 7: page 72] (127 words)

Regulation 7 of TUPE contains specific protection from dismissal due to a transfer. This is in addition to the protection provided by the general law ...
Subscribers only

Summary
 [ch 7: pages 72-73] (416 words)

Dismissal wholly or mainly because of the transfer
 [ch 7: page 73] (156 words)

Economic, technical or organisational reason
 [ch 7: pages 73-74] (273 words)

Resigning due to a substantial change in working conditions
 [ch 7: page 74] (104 words)

Constructive dismissal
 [ch 7: pages 74-75] (104 words)

How long does TUPE protection from dismissal last?
 [ch 7: page 76] (119 words)

Chapter 8

8. TUPE and insolvency 
 [ch 8: page 76] (316 words)

Special rules apply under TUPE where a business is insolvent. The rules, found in Regulations 8 and 9 of TUPE, are intended to encourage a rescue ...
Subscribers only

Changing contract terms in an insolvency situation 
 [ch 8: pages 76-77] (207 words)

Winding up the business 
 [ch 8: page 77] (186 words)

Further information

Further information 
 [pages 78-79] (498 words)

Copies of relevant statutes and regulations are available online at: www.legislation.gov.uk. In Northern Ireland, legislation is published on the ...
Subscribers only