What should the employer do where an employee representative for informing and consulting on a TUPE transfer ceases to act as such?
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?
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?
This depends on whether the agreed
mileage rate is a term or condition of the transferred employees' employment.
If it is, the transferee will be obliged to continue to pay them at this rate
even though this may be higher than its normal rate for existing employees.
This is because, when a TUPE-transfer takes place, the transferee inherits the
contracts of employment of the persons employed by the transferor immediately
before the transfer and the employees have the right to transfer on the same
terms and conditions of employment that they previously enjoyed with the
transferor. (Special rules apply to the transfer of occupational pension
However, in many cases, mileage rates
do not form part of an employee's terms and conditions of employment but are
expressed as being non-contractual, giving the employer the right to increase
or decrease the rates. In this situation the transferee would not be obliged to
continue to pay the transferred employees at the transferor's mileage rate
because it is not a term of the employees' contracts of employment.
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?
XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation