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TUPE

Eleanor Gelder Editor's message: TUPE safeguards employees' rights when there is a transfer of a business or service from one organisation to another. Employees assigned to the relevant business or service will transfer to the transferee organisation - and on transfer, the transferee employer "steps into the shoes" of the transferor.

Getting it wrong could leave your organisation exposed to claims for unfair dismissal, as well as liability for failing to inform and consult and provide specified information. You can help to minimise disruption to your organisation during a TUPE transfer by observing good practice and engaging with employees.

Ellie Gelder, employment law editor

New and updated

  • Repeal Bill: No immediate change for workers' rights

    Date:
    14 July 2017
    Type:
    News

    EU-derived legislation such as the Working Time Directive, TUPE and the General Data Protection Regulation (GDPR) will continue to apply once the UK formally leaves the union, it has been confirmed.

  • Darren Newman's podcast: Delabole Slate Ltd v Berriman

    Date:
    7 July 2017
    Type:
    Audio and video

    Darren Newman explains the "go to" definition of an "economic, technical or organisational reason entailing changes in the workforce" for the purpose of a TUPE transfer, established in Delabole Slate Ltd v Berriman.

  • Insolvency: TUPE rights may be retained following "pre-pack" administration

    Date:
    30 June 2017
    Type:
    Law reports

    The European Court of Justice has held that "pre-pack" administration, which is designed to facilitate the sale of a business as a going concern in the event of insolvency, may not prevent employees from having TUPE rights.

  • Transfer of undertakings

    Type:
    Employment law manual

    Updated to include information on Tees Esk & Wear Valleys NHS Foundation Trust v Harland and others, in which the EAT considered how to determine the "principal purpose" in relation to a service provision change.

  • Common sense needed in TUPE service provision changes

    Date:
    21 February 2017
    Type:
    Law reports

    A recent legal ruling shows that sound judgment is needed during TUPE service provision changes to decide whether or not the activities carried out afterwards are "fundamentally the same" as before. Dr John McMullen advises on the ruling.

  • Employment law manual updates: TUPE

    Date:
    1 December 2016
    Type:
    Editor's choice

    The TUPE section of the Employment law manual has been updated to include information on cases relating to the standard definition of a TUPE transfer and the extended definition (also known as a service provision change).

  • Tribunal case shows a number of factors decide when TUPE applies

    Date:
    1 December 2016
    Type:
    Law reports

    In Alno (UK) Ltd v Turner, the Employment Appeal Tribunal decided TUPE applied due to the "multi-factorial" test established in an earlier case. Dr John McMullen explains.

  • Case round-up

    Date:
    1 November 2016
    Type:
    Law reports

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • Case round-up

    Date:
    1 September 2016
    Type:
    Law reports

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • TUPE case confirms obligations apply to multiple providers

    Date:
    15 June 2016
    Type:
    Law reports

    TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains Dr John McMullen in his latest update.