What is a TUPE transfer?
Is there a minimum number of employees that must be affected before a transfer under TUPE can take place?
No, case law suggests that activities involving
just one employee can fall within TUPE. In Schmidt v Spar-und
Leihkasse der Früheren Ämter Bordesholm, Kiel und Cronshagen  IRLR 302
ECJ the European Court of Justice held that the Acquired Rights Directive (77/187/EEC) (now the Acquired Rights Directive (2001/23/EC)) applied regardless of the number of employees
involved. In this case the employee was employed by a bank to clean one of its
branches. The bank decided to transfer the cleaning of the branch to the firm
responsible for cleaning most of its other branches and the employee was
dismissed. The Court held the transfer of the cleaning operation, despite the
fact that it was an ancillary activity and only one employee was involved, came
within the scope of the Directive.
More recently, in Dudley Bower
Building Services Ltd v Lowe and others  IRLR 260
EAT the Employment Appeal Tribunal held that, in
principle, there is no reason why the work performed by just one employee should
not be regarded as a stable economic entity so as to be capable of a TUPE transfer.
What constitutes a transfer of an undertaking under the TUPE Regulations 2006?
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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