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, to which employer should his or her resignation be submitted?
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?
If an employee in a TUPE situation refuses to transfer, will he or she be entitled to a redundancy payment?
An employee in a TUPE situation who refuses to transfer will not become an employee of the
new employer. Logically, it follows that any resignation before or at the time of the
transfer is best submitted to the original employer. However, reg.4(7) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) 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 preventing the employee's employment from transferring.
This would appear to indicate that the resignation could be submitted
to either the original employer or the new employer. This will be the case provided
that the resignation is submitted before or at the time of the transfer. If, on
the other hand, the transfer has already taken place when the employee resigns,
the resignation will have to be notified to the new employer, as the
individual's employment will in fact have transferred before the resignation is
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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