Many of the most frequently asked questions throughout August concern TUPE transfers and terms and conditions - including whether or not a transferee employer is obliged to continue to pay the mileage rate paid by the transferor, or to increase transferred employees’ holiday entitlement to match that of its existing workforce. Others consider the duty to consult in a TUPE situation, and whether or not a certain number of employees must be affected before TUPE applies.
- Is there any obligation on employers to increase the holiday entitlement of TUPE-transferred staff to match that of their existing workforce?
- Where the transferor paid a particular mileage rate to transferred employees, is the transferee obliged to continue to pay them at this rate even though it is higher than its normal rate?
- Where an employer suspects that an employee is not entitled to statutory paternity leave what can it do?
- What are written particulars and when should the employee receive them?
- Is an employee who is requesting flexible working required to demonstrate that the child or adult in relation to whom the application is being made requires a particular level of care?
- Is there a minimum number of employees that must be affected before a transfer under TUPE can take place?
- What is the time period over which the employer must consult upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?
- The duty to consult in a TUPE situation arises where an employer envisages taking measures in relation to affected employees, but what sort of measures would this cover?
- Where an employee who has exhausted all entitlement to sick pay is to be dismissed on grounds of ill health will he or she be entitled to any payment throughout his or her notice period?
- Can an employer derecognise an independent union?
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