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What is a TUPE transfer?

Is there a minimum number of employees that must be affected before a transfer under TUPE can take place?


What constitutes a transfer of an undertaking under the TUPE Regulations 2006?

A transfer of an undertaking under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (a TUPE transfer) occurs when the whole or part of an employer's business or undertaking is sold or transferred as a going concern to another employer. The TUPE Regulations 2006 also apply to transfers resulting from a "service provision change" where the performance of a function is outsourced or insourced.

The transfer may be effected by a series of transactions and may or may not include the transfer of property and other tangible or intangible assets. The Regulations apply only to the transfer of UK-based undertakings. A company transfer by the sale of shares is not covered as, in this case, the identity of the employer does not change.

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What is a service provision change under the TUPE Regulations 2006?

In a TUPE situation which employer is the "transferee" and which the "transferor"?

Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?

Where employees are dismissed as a result of a TUPE transfer, will the dismissals be unfair?

What is an "economic, technical or organisational reason" for dismissal under the TUPE Regulations 2006?

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

In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees?

What is "employee liability information" under the TUPE Regulations 2006?

Is an employer obliged to consult with employee representatives on a TUPE transfer?

Who has to be informed and consulted on a TUPE transfer?

What is the purpose of any consultations that take place on a TUPE transfer?

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?

What is the time period over which the employer must consult on a TUPE transfer?

What is the time frame for electing employee representatives for informing and consulting on a TUPE transfer?

How many employee representatives are necessary for informing and consulting on a TUPE transfer?

Can an employer place restrictions on who can stand as a candidate in elections for informing and consulting on a TUPE transfer?

What duties do employee representatives elected for informing and consulting on a TUPE transfer have?

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