TUPE

TUPE or Transfer of Undertakings (Protection of Employment) Regulations 2006 or, before 6 April 2006 the Transfer of Undertakings (Protection of Employment) Regulations 1981.

If there is a relevant transfer of an undertaking or part of an undertaking, TUPE will transfer to the transferee any of the transferor's employees assigned to the undertaking (or part) transferred.

ACAS describes TUPE as:

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another.

Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. It's as if their employment contracts had originally been made with the new employer.

Their continuity of service and any other rights are all preserved. Both old and new employers are required to inform and consult employees affected directly or indirectly by the transfer.

Members can download an in-depth, step by step employer's guide to TUPE

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