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 Transfer of Undertakings (Protection of Employment) Regulations 2006?
In a TUPE situation which employer is the 'transferee' and which the 'transferor'?
Are employers obliged to consult with employees about a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006?
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?
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?
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?
Who has to be informed and consulted upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?
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?
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 upon the transfer of a business covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006?
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?
If an employer sells off all or a part of its business and staff are dismissed as a result, is the employer liable?
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?
If an employee in a TUPE situation refuses to transfer, to which employer should his or her resignation be submitted?
Logically, because the
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE
Regulations) have the effect that an employee's employment transfers to the new employer,
an employee who refuses to transfer will not ever become an employee of the
new employer. It follows that any resignation before or at the time of the
transfer is best submitted to the original employer. However, regulation 4(7) 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 in effect 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
submitted.
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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?
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?
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?
