How to deal with the situation where the transferee disputes that TUPE applies
Author: Charlotte White
Click on any of the hyperlinks to go to more detailed guidance below:
- Understand the factors that determine whether or not TUPE applies to a transfer.
- Examine the transferee's argument that TUPE does not apply in the circumstances.
- Attempt to persuade the transferee to proceed on the basis that TUPE applies by highlighting potential liability for claims from employees.
- Comply with the duty to inform and consult affected employees.
- Request measures information from the transferee.
- Provide employee liability information to the transferee.
- In a subsequent generation outsourcing situation, comply with any contractual obligations and consider involving the client in persuading the transferee to proceed on the basis that TUPE applies.
- Consider how to reduce the impact of the transfer on employees by making redundancy payments or offering alternative roles.
- Take the necessary practical steps resulting from the employees' transfer, such as arranging final payments and removing them from the payroll.