LRD guides and handbook May 2023

Understanding TUPE transfers

Introduction

Introduction [page 5] (285 words)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect the rights of employees on a compulsory change of their ...
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Chapter 1

1. An overview of TUPE [page 6] (2,855 words)

The purpose of the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) is to safeguard jobs and employment rights on a change ...
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Chapter 2

2. Is there a relevant transfer? [page 14] (5,689 words)

TUPE will only apply if there is a “relevant transfer” of the business or activities. Very broadly, the more similar the activities carried out ...
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Chapter 3

3. Transfers involving public bodies [page 28] (904 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 ...
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Chapter 4

4. Who transfers? [page 31] (3,519 words)

Once it has been established that there is a relevant transfer, the next questions to decide are who transfers and do employees and employers have ...
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Chapter 5

5. Information and consultation rights [page 40] (7,295 words)

For unions, information and consultation rights (and the corresponding enforcement penalties) are among the most powerful rights provided by TUPE. ...
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Chapter 6

6. TUPE and terms and conditions [page 59] (5,624 words)

TUPE’s basic purpose is to protect employees’ terms and conditions when their employment transfers to a new employer. This is achieved by ...
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Chapter 7

7. Unfair dismissal [page 73] (1,195 words)

Regulation 7 of TUPE contains specific protection from dismissal resulting from a TUPE transfer. This is in addition to the protection provided by ...
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Chapter 8

8. Insolvency [page 76] (876 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 ...
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