The amended Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as “TUPE” or “the Regulations”) protect certain employment rights when a business or a discrete part of a business is transferred from one employer to another.
The first set of TUPE Regulations was introduced into UK law in December 1981. A new set of regulations were introduced by the Labour government in 2006 and there were further amendments in January 2014. The regulations derive from European law — the Acquired Rights Directive.
In ruling on TUPE cases and the provisions of the TUPE Regulations, UK courts and tribunals are required to interpret UK law in the light of the wording and purpose of European legislation and the findings of the European Court (now known as the Court of Justice of the European Union) — the so-called “purposive approach”.
This topic explains when TUPE does and does not apply and which employees it applies to. It also details the liabilities and rights that do transfer to a new employer as well as those that do not; the rules for varying contracts and providing information to and consultation with employee representatives; and it outlines the special regimes that relate to TUPE in the public sector and to insolvency.
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