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You are currently viewing: Frequently Asked Questions > Topics

Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Click to show the answer Is there a minimum number of employees that must be affected before a transfer under TUPE can take place?

Click to show the answer What constitutes a transfer of an undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer In a TUPE situation which employer is the 'transferee' and which the 'transferor'?

Click to show the answer Are employers obliged to consult with employees about a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer Where only a few employees will transfer to a new employer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 does the obligation to inform and consult still apply?

Click to show the answer In a TUPE situation is the transferor required to obtain its employees' consent before passing on information about them to the transferee?

Click to show the answer Is an employer obliged to consult with employee representatives upon a transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer Who has to be informed and consulted upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer What is the purpose of any consultations that take place upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer 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?

Click to show the answer 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?

Click to show the answer What happens if the transferor or transferee fails to consult or inform adequately upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer If an employer sells off all or a part of its business and staff are dismissed as a result, is the employer liable?

Click to show the answer Can an employee refuse to transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer What happens if an employee refuses to transfer under the Transfer of Undertakings (Protection of Employment) Regulations 1981?

Click to show the answer If an employee in a TUPE situation refuses to transfer, will he or she be entitled to a redundancy payment?

Click to show the answer If an employee in a TUPE situation refuses to transfer, to which employer should his or her resignation be submitted?

Click to show the answer Does the transferee inherit the contracts of employment from the transferor upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer Can the transferee change the contracts of the incoming employees upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?

Click to show the answer 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?

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