What should the employer do where an employee representative for informing and consulting on a TUPE transfer ceases to act as such?
Under the TUPE legislation, where an employee has a bad attendance or disciplinary record, is the transferee obliged to accept the employee?
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?
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?
Yes. Where there is a TUPE transfer, employees who were
employed by the transferor immediately before the transfer, automatically
become employed by the transferee, from the moment of the transfer. They will
be entitled to the same terms and conditions they enjoyed with the transferor. The
transferee cannot therefore pick and choose which employees it takes on.
If, following the transfer, the transferee refuses to accept an
employee with a poor attendance or disciplinary record, the employee can treat
him- or herself as dismissed and make a claim of unfair dismissal, against the
transferee. However, he or she must have at least one year's continuous service (or two years' continuous service if his or her employment begins on or after 6 April 2012)
to be able make such a claim.
Employers should note that all employees, regardless of length of service, can make
claims for wrongful dismissal, ie for failure to pay their notice.
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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