Transfer of undertakings

◉ TUPE dismissals An employee who has been employed by the relevant employer for at least two years may bring an unfair dismissal claim if dismissed as a result of the transfer …

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◉ TUPE Transfers Both the transferring and recipient employers are required to inform any recognised trade union representatives or, where there are none, any appropriate elected employee representatives of affected employees of: the business transfer; when it is proposed to take place; the reasons behind why it is taking place; its legal, economic and social consequences; any proposed measures to be taken in relation to the affected employees; and certain information in relation to the use of agency workers …

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The EU Transfer of Undertakings Directive (formerly the Acquired Rights Directive – ‘ARD’) has been given effect in the UK by way of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), which replaced earlier, 1981 regulations, and extended the circumstances in which it applies …

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Collective agreements made by (or on behalf of) the transferring employer with trade unions will transfer to the recipient employer …

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In the event that TUPE applies to a business transfer, there will be a deemed automatic transfer of existing employees on their current terms and conditions of service (except for employees who are temporarily transferred to that group) …

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In light of the January 2014 amendments to TUPE 2006, the Advisory, Conciliation and Arbitration Service (ACAS) released guidance with regards to transfers of undertakings …

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