What should the employer do where an employee representative for informing and consulting on a TUPE transfer ceases to act as such?
If an employee in a TUPE situation refuses to transfer, will he or she be entitled to a redundancy payment?
What happens if employees invited to elect representatives for informing and consulting on a TUPE transfer fail to do so?
What happens if the transferor or transferee fails to consult or inform adequately on a TUPE transfer?
If a client changes supplier because it is not happy with the performance of the supplier’s employees, can those employees be prevented from transferring to the new supplier if the contract change amounts to a TUPE transfer?
Can an employee refuse to transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006?
No, an employee in a TUPE situation who refuses to transfer is not
entitled to a redundancy payment. The Transfer of Undertakings (Protection of
Employment) Regulations 2006 (SI 2006/246) have the effect that an employee's
employment automatically transfers to a new employer on the transfer of a
business. Regulation 4 states that, where an employee informs either the
original employer or the new employer that he or she objects to becoming
employed by the new employer, this will have the effect of terminating the
employee's contract and he or she is not to be treated for any purpose as having
been dismissed. This means that a refusal to transfer will mean that the
employee has in effect resigned. It follows that there is no entitlement for the
employee to claim a redundancy payment.
If an employee in a TUPE situation refuses to transfer, to which employer should his or her resignation be submitted?
What is the main effect of the TUPE Regulations 2006 for employees?
Can the transferee change the contracts of the incoming employees following a TUPE transfer, to harmonise them with those of its existing employees?
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?
Is there any obligation on employers to increase the holiday entitlement of TUPE-transferred staff to match that of their existing workforce?
Can an employer harmonise the contracts of TUPE transferred employees with those of its existing workforce where the changes will be beneficial to them?
What happens to trade union recognition when a business is transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006?
Would any collective bargaining agreements be carried over to the transferee on a TUPE transfer?
Is continuity of employment maintained if there is a change of employer?
Where an individual is TUPE transferred does his or her continuous service start from the date of the transfer or from the start of employment with the transferor?
Under the TUPE legislation, where an employee has a bad attendance or disciplinary record, is the transferee obliged to accept the employee?
Does an employee need a minimum period of service to bring a claim of unfair dismissal when dismissed by reason of a TUPE transfer?
Is a transferee able to rely on assurances from the transferor that it carried out the necessary checks on the transferred employees' immigration status, or must it carry out its own checks?
Where a transferee has no need for the employees transferred to it under TUPE, can the selection pool for redundancy include only the transferred employees, or must it also include the transferee's existing workforce?
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