TUPE

Felicity Alexander Editor's message: The transfer of employees from one employer to another in a TUPE transfer continues to be a complex legal area. Getting it wrong leaves employers exposed to the risks of claims for unfair dismissal as well as liability for failing to inform and consult and provide employee liability information. Our line manager briefing sets out what line managers need to know about TUPE and how they can help their employer comply with its duties under the TUPE Regulations 2006.

The XpertHR Employment law manual covers the effect of a TUPE transfer on the terms and conditions of transferred employees, including harmonisation of contracts with existing employees. A common question asked is whether or not it is safe to change an employee’s terms and conditions if a certain amount of time has passed since the transfer? Find out the answer to this question and many more in our FAQs section.

Employers must provide certain information in connection with a TUPE transfer. You can use our model letters to inform employees that a TUPE transfer is to take place; notify employee representatives about a transfer; and to request employee information from the transferor for due diligence purposes. See our Policies and documents section for our full range of TUPE templates.

Felicity Alexander, employment law editor

Latest items in TUPE

  • Policies and documents tool: further improvements to layout

    Date:
    22 September 2016
    Type:
    Editor's choice

    A further 18 categories within our suite of model documents are now listed in the order in which HR professionals might use them. This follows on from the earlier redesign of 14 key areas, making it easier than ever to find the templates that you need among XpertHR's 1,000 model documents.

  • BT Managed Services Ltd v Edwards: TUPE case settles

    Date:
    1 September 2016
    Type:
    Editor's choice

    The important TUPE case BT Managed Services Ltd v Edwards and another, which was set to be heard by the Court of Appeal in 2017, has settled. The Court of Appeal was expected to consider the status of employees on long-term sick leave during a TUPE transfer.

  • 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.

  • BT Managed Services Ltd v Edwards: appeal update

    Date:
    26 July 2016
    Type:
    Editor's choice

    A date has now been set for the Court of Appeal hearing in BT Managed Services Ltd v Edwards and another, on the status of employees on long-term sick leave during a TUPE transfer.

  • BT Managed Services Ltd v Edwards: appeal update

    Date:
    16 June 2016
    Type:
    Editor's choice

    We provide the latest on BT Managed Services Ltd v Edwards and another, on the status of employees on long-term sick leave during a TUPE transfer, which will now to go to a full Court of Appeal hearing.

  • TUPE transfers and long-term sick leave - appeal confirmed

    Date:
    15 June 2016
    Type:
    News

    A senior judge has granted permission for the TUPE case BT Managed Services Ltd v Edwards and another to go to a full Court of Appeal hearing. The case examines whether or not an employee on indefinite sick leave, but retained in employment, transfers under TUPE.

  • 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.

  • Case round-up

    Date:
    1 April 2016
    Type:
    Law reports

    Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    31 March 2016
    Type:
    Legal guidance

    The "Brexit" referendum on whether or not the UK should withdraw from the European Union takes place on 23 June 2016. Stephen Simpson rounds up 12 key European cases that have had a major impact on UK employment law.

  • Cases on appeal

    Date:
    22 February 2016
    Type:
    Law reports

    Cases on appeal provides news on key case law developments that are expected.